A few weeks back on Last Week Tonight, John Oliver tackled the topic of coal. In said segment he discussed the business practices of an executive of a coal company, Robert Murray who is known for being litigious and has lobbied hard for the coal industry. Oliver even joked, that he was more than likely going to be sued by Murray. Sure enough, Murray soon filed suit against Oliver and the show claiming defamation of character. A suit that Oliver later joked that he was not able to discuss.
This week, the ACLU filed a brief in defense of the comedian and host and it's a joy to read, and we absolutely recommend you read it. Really, it includes links to relevant cases that support their argument, and an honest-to-God image of Bob Murray and Dr. Evil for comparison.
The ACLU states, "Although this brief pokes fun at the absurdity of this case, the legal issues raised by it are anything but comical." Adding the very quotable sentence, "You can't sue people for being mean to you, Bob."
Here are some of our favorite moments from the brief.
On June 18, 2017, Defendant Home Box Office, Inc. aired an episode of “Last Week Tonight with John Oliver,” a satirical news program about current events. The main topic discussed in the episode was coal. Apparently because Plaintiffs’ delicate sensibilities were offended, they clutched their pearls and filed this suit.They put forth satirical free speech is the benchmark of this segment.
It is a basic concept of free speech that you do not get to sue media organizations because you don’t like their coverage. However, this is apparently a difficult concept for Plaintiffs to grasp. It appears that Bob Murray’s favorite hobby is suing and/or threatening to sue people for making political statements he disagrees with.It also lists some of the ridiculous claims in Murray's suit.
“[I]n reference to Bob Murray’s denial of an absurd story that Bob Murray claimed a squirrel told him he should operate his own mines, Defendant Oliver stated ‘You know what, I actually believe Murray on that one’ and “Even by your standard, that would be a pretty ridiculous thing to say.’”
“Defendants [described] Bob Murray as someone who ‘looks like a geriatric Dr. Evil’ and arranging for a staff member to dress up in a squirrel costume and deliver the message “Eat Sh*t, Bob!” to Bob Murray.
[A]fter the live taping, Defendant Oliver exclaimed to the audience that having someone in a squirrel costume tell Bob Murray to ‘Eat Sh*t’ was a ‘dream come true.’”
“[I]n reference to Bob Murray’s denial of an absurd story that Bob Murray claimed a squirrel told him he should operate his own mines, Defendant Oliver stated ‘You know what, I actually believe Murray on that one’ and “Even by your standard, that would be a pretty ridiculous thing to say.’”Oliver also apparently stressed Murray out.
The Complaint also interestingly claims that “nothing has ever stressed [Bob Murray] more than [John Oliver’s] vicious and untruthful attack.” As one media outlet asked, “[I]s he really saying that a late night British comedian on a premium channel has caused him more stress than the time that one of his mines collapsed and killed a group of his employees? If so... that's... weird.”
The statements Plaintiffs point to are clearly not libelous—they are satire regarding a public figure regarding a matter of public concern. As a flamethrower himself, Bob Murray should not be shocked when his own fire occasionally inspires others to fire back. This is the very purpose of the marketplace of ideas.
Perhaps one of the best parts of the brief is the one titled, "Anyone Can Legally Say 'Eat Sh*t, Bob!'" Who knew lawyers had a sense of humor?
Here's Oliver's original segment in question.