Olivia de Havilland’s 'Feud' suit tossed by appeals court
A three-judge panel has tossed out the defamation suit brought by actress Olivia de Havilland, in a ruling that affirms the right of filmmakers to embellish the historical record.
De Havilland sued FX Networks last year, alleging that the miniseries “Feud” included a damaging portrayal of her. The case was closely watched because it appeared to threaten the ability of filmmakers to portray real events with fictionalized elements. But in its ruling Monday, the court unanimously held that such portrayals are protected by the First Amendment.
“Whether a person portrayed in one of these expressive works is a world-renowned film star — ‘a living legend’ — or a person no one knows, she or he does not own history,” Justice Anne Egerton wrote. “Nor does she or he have the legal right to control, dictate, approve, disapprove, or veto the creator’s portrayal of actual people.”
The FX series includes an interview with de Havilland, who is played by Catherine Zeta-Jones, in which she calls her sister, Joan Fontaine, a “bitch.” The character also makes a joke about Frank Sinatra’s drinking. De Havilland, 101, objected, saying the producers of the show never consulted her or got her permission for the portrayal. She also said she would never use a vulgarity in referring to her sister, though she did once call her a “dragon lady” in an interview.
FX sought to have her case tossed out on First Amendment grounds, but in a surprise ruling last fall, Judge Holly Kendig denied the motion. FX appealed, arguing that the ruling would have a chilling effect on docudramas. The Motion Picture Association of America came to the network’s defense, arguing in an amicus brief that the court’s ruling would give politicians and celebrities veto power over films about their lives.
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