Disney’s ongoing legal clash with conservative actress Gina Carano took a significant twist this week, as a federal judge dealt a blow to Disney’s attempts to halt her wrongful termination lawsuit. Carano, who was fired from her role as Cara Dune in The Mandalorian back in 2021 after sharing political views on social media, has been fighting to prove that her dismissal was politically motivated and discriminatory. Despite Disney’s efforts to block the case, Carano’s lawsuit is moving forward, entering the discovery phase.
The conflict traces back to Carano’s outspoken conservative views, which, according to her, became the reason for her ousting. While Disney has maintained that the decision was based on her controversial social media posts, Carano alleges that her political beliefs were at the core of her firing, pointing to a larger issue of discrimination based on political ideology. The actress is challenging Disney’s actions under California’s unique legal protections for employees’ political activities outside of work, making this case one to watch for its broader implications.
Earlier this week, Carano shared an update with her supporters on X (formerly Twitter), explaining that a federal judge denied Disney’s request to delay the lawsuit by appealing the case to the Ninth Circuit Court of Appeals. Disney had hoped to pause proceedings, citing the First Amendment and arguing that casting decisions, particularly when involving political advocacy, fall under protected speech.
However, Judge Sherilyn Peace Garnett wasn’t convinced. She ruled that certifying Disney’s appeal wouldn’t expedite the process and pointed out that Disney had failed to prove a significant legal disagreement on the matter, allowing the case to move forward into discovery.
UPDATE:
After the Judge DENIED Disneys request to DISMISS my case, Disney requested permission to immediately appeal that decision to the Ninth Circuit Court of Appeals and delay all discovery while that appeal takes place.
Yesterday, October 16th, 2024 we learned that the… https://t.co/zEcR4pZcFw pic.twitter.com/v7xHVTCw8l
— Gina Carano 🕯 (@ginacarano) October 17, 2024
Carano expressed satisfaction with the ruling, saying, “While I wish this was not necessary… I will not shrink away from it because it is hard or uncomfortable.” The court’s decision marks yet another win for Carano, who has been vocal about the emotional toll this legal battle has taken on her. In July, the court denied Disney’s motion to dismiss the case altogether, giving Carano the green light to continue her fight. At that time, she posted, “What happened to me was unacceptable, absurd, and abusive… It should not have happened to me, and it should not happen to anyone else moving forward.”
The case has also drawn support from figures like Elon Musk, whom Carano thanked for standing up for free speech and providing her with a “fighting chance” to continue the lawsuit. Musk’s vocal advocacy for free expression on platforms like X has made him a central figure in these kinds of cultural debates, and his involvement adds another layer to the already high-profile case.
Disney’s attempt to invoke the First Amendment raises interesting questions about the intersection of free speech and corporate discretion in the entertainment industry. While companies do have a right to make casting decisions, Carano’s lawsuit challenges the notion that employees’ political activities outside of work should be grounds for termination. If Carano succeeds, it could set a precedent that limits the power of companies to punish workers for expressing political beliefs.
As the case moves forward, the discovery phase could bring new revelations about how Disney handled the decision to fire Carano. Any evidence that suggests her political beliefs played a larger role in the decision than the company has publicly admitted would bolster her claims of wrongful termination and discrimination.
