Actor Shia Labeouf is banking on First Amendment protection against a lawsuit filed against him, after fighting with a bartender he labeled a racist after refusing to serve the 'Transformers' star any more alcohol.
Labeouf's lawyer has asked a California judge to throw out an assault and defamation lawsuit which was filed by the bartender in question after Labeouf called him a 'f---ing racist' after the refusal of service.
The actor's attorney, Brian G. Wolf, argued in court that the plaintiff, David Bernstein, did not have a case because the allegations arise out of LaBeouf's exercise of protected free speech.
CAUTION: Vulgar Language in Video
Wolf wrote that the complaint is "not only completely frivolous in nature but also provided a compelling example of the type of claims which California's anti-SLAPP statute was enacted to prevent," in Wednesday's filing. Wolf also argued that LaBeouf's liability in the case is entirely based on his celebrity status, making the case that this situation would've been handled entirely different if it had not been a celebrity.
Mr. Wolf also argued that LaBeouf's statements were based on opinion and ineligible for a defamation charge as well as not amounting to a rise in emotional distress which negates the grounding for assault charges.
It looks like LaBeouf might have a case, and although it might not have been the brightest move to lose his mind at the bar, this case might just be chocked up to a case of drunk people and hurt feelings.
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