The release of a tape taken of Mel Gibson in Costa Rica by the son of screenwriter Joe Eszterhas has prompted a threat of a defamation lawsuit by the actor. Not only did Eszterhas release the tape secretly made by his son during an argument with Gibson, he accused Gibson of not wanting to proceed with the film “The Maccabees” because he hates Jews.
The tirade by Gibson was taped on an iPhone by Eszterhas ‘ 15-year-old son Nick. On the tape, Gibson, 52, is upset that Eszterhas has not moved more quickly on the script for the movie, which tells the story Jewish heroes: “Why don’t I have a first draft of ‘The Maccabees’? What the f**k have you been doing?” Gibson then goes further in attacking Oksana Grigorieva, his ex-girlfriend and mother of his young daughter: “I am earning money for a filthy little c**ksucker who takes advantage of me!”
On its face, it is a bit untoward for a guest to record a host secretly in their home. However, Eszterhas insisted that he released the tape because “Gibson called me a liar. And I also have some reason to believe he’s creating a PR blitz questioning my truthfulness.” While Eszterhas had agreed to do the film with Gibson, he denounced Gibson for “hating Jews” and using “The Maccabees” film project “to deflect continuing charges of anti-Semitism which have dogged you, charges which have crippled your career.” He publicly stated in a letter that “I’ve come to the conclusion that the reason you won’t make ‘The Maccabees’ is the ugliest possible one. You hate Jews.”
A privacy and defamation action would face challenges. Gibson’s claim of an expectation of privacy or that his comments were a protected private fact are undermined by his making the comments to third parties. There was not presumably agreement that such comments would be kept private by the guests.
On defamation, Gibson would collide with the public figure standard requiring a higher level of proof from celebrity to established defamation. The public figure standard was established in Curtis Publishing v. Butts (1967). The case involved a March 23, 1963 edition of The Saturday Evening Post alleging that former University of Georgia football coach Wallace Butts conspired with University of Alabama coach Paul “Bear” Bryant to fix a 1962 football game in Alabama’s favor. In a 5-4 decision, Chief Justice Warren wrote a concurrence that extended the ruling in New York Times v. Sullivan on public officials to public figures. He found the same reasons for applying the higher standard to public officials as present in cases involving public figures:
[I]t is plain that, although they are not subject to the restraints of the political process, “public figures,” like “public officials,” often play an influential role in ordering society. And surely, as a class, these “public figures” have as ready access as “public officials” to mass media of communication, both to influence policy and to counter criticism of their views and activities. Our citizenry has a legitimate and substantial interest in the conduct of such persons, and freedom of the press to engage in uninhibited debate about their involvement in public issues and events is as crucial as it is in the case of “public officials.” The fact that they are not amenable to the restraints of the political process only underscores the legitimate and substantial nature of the interest, since it means that public opinion may be the only instrument by which society can attempt to influence their conduct.
Gibson would need to show actual malice or a reckless disregard of the truth. He would also face truth as a defense with a likely successful effort to admit his prior anti-semitic ravings.
There is the possibility that the taping violated Costa Rican law, but that would involve pursuing a young boy for a criminal charge — not exactly good optics.
For these reasons, this is one dispute that may be better handled outside of court.
Can we all just agree that The Clash rocks and leave it at that?
IMMAC is a very good name for a dog. 🙂
AY,
indifferent \in-ˈdi-fərnt, -f(ə-)rənt\, adj.,
1: marked by impartiality : unbiased
2a : that does not matter one way or the other b : of no importance or value one way or the other
3a : marked by no special liking for or dislike of something b : marked by a lack of interest, enthusiasm, or concern for something : apathetic
Is it starting to get through to you yet? If so, good for you. If not, I really don’t care. However, I will add that it was you trying to pull people into your lil’ dramas that earned you my indifference in the first place, so good show Mr. “Can You Delete Those Comments For Me”. That you would do so again is simply par for your course. I truly don’t care what you do. Stay, leave, explode and go straight up. Whatever.
SWM,
Try a fox terrier. Also high maintenance. Not good for a law student.
The first one was a yorkie mix hybrid that turned out to be too high maintenance for a law student. The dog suffered from separation anxiety when left alone and became very noisy so I took the dog. This year she adopted a rescue dog, a poodle mix ,that was lower mainteneance. That was working out okay until the landlady decided that no pets would be allowed in the house. I adopted that one, too. My old dog died last fall and the newer one helped fill that void. See things work out, NYA
Gene,
You mistake me for someone that cares what you have to offer. You sell what you sell and that’s that. Now, as your words resonate, Piss Off….
My feelings have nothing to do with this. Your behavior has everything to do with it. You can not see your own behavior is very offensive… Looking at how you speak to bron and others you disagree with….. I am not at all surprised you responded this way…..
“commoner, My daughter got two dogs in law school and I have both of them.”
Lol. Why? I know people in law school who have pooches. Did your daughter get a job that did not allow her to keep the dogs?
AY,
You’ve mistaken me for somebody who cares. The above description comparing you two to kids in the back seat is perfectly accurate. If you don’t like the consequences of that? Stop it. However, if you think I’m upset if your widdle feelin’s got hurt? You’d be wrong. I have my reasons and you gave them to me. As to “my side”? The only side I’m on is mine in re the issue of you staying. My side says it is 100% indifferent to whether you stay or not.
SWM,
I’m crazy enough to take you up on it. What kind of dogs did your daughter get in law school? And why do you have the dogs?
commoner, My daughter got two dogs in law school and I have both of them.
AY You are the one that invited me to this blog as you do many people.The rest have not been crazy enough to take you up on it. ha!ha! At that time you were having a problem with Patty C. and I got involved in that. That probably was a mistake. My being on this blog has nothing to do with running you off. The blog would probably be too dull without you. I don’t know why Gene singled us out as “children” when there is more than enough conflict on this blog without us.
TalkinDog I am actively trying to adopt a dog before law school. I will probably study most of the day at home so I will have plenty of time to be around my dog. I went to the Humane Society and looked at a gorgeous Husky, but he was too rambunctious. He ran full tilt around the yard there around 100 times conservatively. He is an awesome dog but I need a boy or girl that is lower energy. I am still looking for a nice calm Mastiff. What other breeds tend to be calmer?
Dredd: The comment about dogs humping women’s legs is a bit of an afront. One of the dogs in the pack got intellectual about it and says that most dogs hump womens’ legs because they get rewarded with dog biscuits. But, he says he was reading this blog yesterday and that latin stuff that the Judge said about dicta and so he says that any person’s opinion about why a dog would hump a female human’s leg is merely dicta.
Gene H,
I liked the skirt scene. And the song to Mr. President. Is that why two of the Kennedy brothers ended up dead? Why wasn’t Daryl Hannay good enough? Is that why John-John crashed his plane into the ocean?
Gene,
If you think that I am in need of you to defend me think again. If I think you should ought to enforce civility that you preach about on this blog, you’re damn right.
Look let’s be honest, I know where you loyalties lay. I don’t really care, except when I am unjustifiably attacked and then you tweak my nipple…. I hope I am clear about this.
Swm has one purpose on here and that is to run me off…. I have enough Irish, German and Jew in me to not let that happen….
I hope that this is clear enough for you to understand…..
“I agree. The story itself would make a great film. I even like your casting suggestions although I’d add Brian Cox as Antiochus (although I think you could swap him and McKellen around and it would still work).”
Gene that is an awesome choice for Antiochus. However I think that Ian does the mystical bit better. Hannukah and the Maccabees are mad popular even with irreligious and non-affiliated Jews. I think that the fact that Hannukah falls around Christmas has a lot to do with that. I also think it would be a box office hit.
junctionshamus,
Thanks for the welcome! Yes, I do respond to anything I want on these threads, whether they’re 5 HOURS AGO or 3 MONTHS AGO. Got a problem with that, honey? Has your opinion changed, since then?
I can’t address your innuendo remark until I can get it translated. Was that some attempt at hostility?
I’m perfectly frosty, thanks for the wishes.
raff,
Cheddar is a classic too. 😀
Don’t get me wrong, I appreaciate a cheesey film. I can even appreciate formulaic films if they are well made. It’s that second category into which I place “Basic Instinct”. It was pure formula. Well put together and marketed, even a bit of a guility pleasure to watch, but it wasn’t cinema as art. “Showgirls”, on the other hand, would have made a fine sandwich served with tomato soup.
commoner,
I agree. The story itself would make a great film. I even like your casting suggestions although I’d add Brian Cox as Antiochus (although I think you could swap him and McKellen around and it would still work).
Gene,
Basic Instinct was a classic!