Gina Carano is progressing in her legal battle against Disney and Lucasfilm. On Wednesday, federal Judge Sherilyn Peace Garnett denied Disney’s motion to dismiss Carano’s lawsuit that stems from her 2021 The Mandalorian firing (via The Hollywood Reporter); this means the case is likely headed to trial. Carano is suing Disney and Lucasfilm for wrongful termination. She claims she was let go from her role in the Star Wars series due to expressing her conservative political views on social media and argues that this constitutes discrimination and violates her First Amendment rights.
Disney asserts that the First Amendment protects its decision to terminate Carano, claiming the right to control its brand image and employ individuals who align with the company’s desired public image. They contend that Carano’s statements were not aligned with this goal. Denying their motion, Judge Garnett wrote:
“Defendants have not identified any evidence — in the Complaint or otherwise — to substantiate a claim that they employ public-facing actors for the purpose of promoting the ‘values of respect,’ ‘decency,’ ‘integrity,’ or ‘inclusion.’ Accordingly, Defendants’ invocation of the supposedly detrimental effects of Plaintiff’s ‘mere presence’ as one of Defendants’ employees lacks constitutional import.”
Garnett further wrote that Disney “failed to set forth an ‘impenetrable defense’ under the First Amendment.” Following the news that Disney’s motion was denied, Carano shared a post (via X) to express her gratitude for the opportunity to move forward with her case. She thanked Elon Musk for his support and linked a 2021 interview with conservative political commentator Ben Shapiro.
“I am moved to tears. After a brutal 3 1/2 years, I am being given the opportunity to move forward in the court of law before the judge and my peers to clear my name. I am so grateful for this opportunity. What happened to me was unacceptable, absurd and abusive, among other things. It should not have happened to me, and it should not happen to anyone else moving forward. Let it stop here.”
Gina Carano Battles Disney in a ‘Galaxy Not So Far Away’
Carano, who is seeking financial compensation and a court order reinstating her as Cara Dune in The Mandalorian, filed her lawsuit against Disney and Lucasfilm in a Los Angeles court in February 2024. X (previously Twitter) Chief Technology Officer and tech giant Elon Musk has been a vocal supporter of Carano in her lawsuit against Disney and has provided substantial financial backing for her legal battle. His involvement has provided Carano with the resources to pursue the legal battle.
The lawsuit (via CBS News) opens:
“A short time ago in a galaxy not so far away, Defendants made it clear that only one orthodoxy in thought, speech, or action was acceptable in their empire, and that those who dared to question or failed to fully comply would not be tolerated,”
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Gina Carano’s Case Against Disney Could Be Damaging Even if It Never Goes to Court
Depending on how the Carano v Lucasfilm suit unfolds, actors could be forced to be brand ambassadors first, and artists second.
The suit also claims Carano was terminated because “she dared to voice her own opinions, on social media platform and elsewhere, and stood up to the online bully mob who demanded her compliance with their extreme progressive ideology.” Carano was dismissed from her role in The Mandalorian after two seasons following a controversial social media post in February 2021 in which she compared being a Republican in today’s America to the experience of Jewish people in Nazi Germany.
That same month, Lucasfilm released a statement that Carano had been terminated and called her social media post “abhorrent and unacceptable” as she “grotesquely trivialized the Holocaust as comparable to sharp political disagreements.” Before that post, Carano raised some eyebrows on social media as she criticized the use of masks during the COVID-19 pandemic, pushed voter fraud claims following the 2020 election, and added “boop/bop/beep” to her Twitter profile when fans asked her to support the trans community.
No trial date has yet been set.
The Mandalorian is
available to stream on Disney+.