Calif. High Court Rules Obscene Speech Not Always Workplace Harassment

SAN FRANCISCO — In a ruling that could help protect adult entertainment companies from lawsuits, the California Supreme Court ruled unanimously Thursday that obscene speech is not always workplace harassment.

The justices agreed with Warner Bros. Television Productions that explicit comments in staff meetings during the production of “Friends” TV scripts were part of the creative process and, therefore, the studio and its writers could not be sued for workplace harassment.

Some of the comments queried were relative to the defendants’ own sexual experiences, the making of sexually explicit drawings in an erotic “coloring book” one of the defendants kept on his desk, speculation about the sex lives of the actors on the show, relation of sexual fantasies, repeated use of the “F word” and a Yiddish word for penis, disparaging remarks about women’s breasts, and simulated masturbation, among other things.

Amaani Lyle, 32, claims she was constantly subjected to comments and jokes made by the writers and producers during meetings.

But the justices thought different. Sometimes vulgarity is not just acceptable but necessary in the workplace, they said.

Lyle, who is black, worked for the show for four months, as a writer’s assistant. Producers of the show say she was fired because she could not type fast enough and that dialog developed during meetings was often missing as a result.

California Justice Marvin Baxter, who wrote for the majority of the court, said Lyle had no case for sexual harassment claims because she could not show that the offensive speech was directed at her or at other women in the workplace and because “considering the totality of the circumstances, especially the nature of the writers’ work, the facts largely forming the basis of plaintiff’s sexual harassment action ... did not present a triable issue whether the writers engaged in harassment ‘because of ... sex.’”

The case is Lyle vs. Warner Brothers Television Productions, No. S125171.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Foxxy Stars in Latest From TransAngels

Foxxy stars with Josh Rivers in "Getting D in Detention," from TransAngels.

PASS to Hold Town Hall About Medical Updates, Database Improvements

PASS will host a virtual town hall discussion with updates from the Medical Advisory Board and regarding planned updates to its database security.

Joy Media Group Debuts ERIKALUST Distro Agreement With 'Safe Word'

ERIKALUST has signed a distribution agreement with Joy Media Group and Bizarre Entertainment.

Angela White, Violet Myers Star in Latest From Brazzers

2020 XBIZ Female Performer of the Year Angela White stars with Violet Myers and Xander Corvus in the latest release from Brazzers.

Candee Licious, Ann Joy Star in 'Shadows of the Heart' From MixedX

MixedX has released "Shadows Of The Heart," from studio banner GetVampired, starring Candee Licious and Ann Joy.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Art Short 'The Porn Selector' Starring Kasey Warner Premieres at MoMA

“The Porn Selector,” a short film directed by the queer French visual artist and filmmaker Lou Fauroux and starring adult performer Kasey Warner, premiered earlier this month at the Museum of Modern Art (MoMA) in New York.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

Ricky Greenwood Directs 'Amuse Bouche' From Dorcel

XBIZ Award winner Ricky Greenwood directs "Amuse Bouche," the latest release from Dorcel.

Show More