Apple LLC is seeking dismissal of a lawsuit brought by former actor Brent Sexton on the grounds of free speech. Sexton claims that the company cost him nearly $600,000 by rescinding an offer to star in a new series after he declined to take the coronavirus vaccine for medical reasons.
Sexton’s disability discrimination lawsuit, filed in Los Angeles Superior Court, seeks compensatory and punitive damages. Apple’s attorneys filed a motion under the state’s anti-SLAPP law, which aims to prevent the misuse of courts and threats of lawsuits to intimidate individuals exercising their First Amendment rights.
In court papers filed with Judge Michael P. Linfield, Apple lawyers argue that allowing Sexton’s suit to proceed would establish a limit on motion picture and television producers’ First Amendment right to free speech. They claim it would force these producers to sacrifice artistic expression to avoid meritless employment and privacy lawsuits.
Sexton’s lawsuit, filed on May 22, alleges that while Apple corporate and retail store employees were not required to be vaccinated against COVID-19 if they underwent testing, those working for Apple Studios, the Los Angeles-based subsidiary that produces content for Apple TV+, were required to be vaccinated and provide proof.
Sexton believes the subsidiary bowed to pressure from the entertainment industry, which strongly advocates for universal COVID-19 vaccination.
In February 2022, Sexton auditioned for the role of President Andrew Johnson in Apple Studios’ miniseries “Manhunt,” which focuses on the U.S. government’s search for President Lincoln’s assassin. He was offered the role and a deal worth nearly $600,000, but was later informed that he had to comply with the vaccination policy despite his platelet deficiency. Sexton requested an accommodation for regular COVID-19 testing, but Apple denied his request and withdrew the job offer.
The suit claims that Georgia, where “Manhunt” was to be filmed, had prohibited mandatory COVID-19 vaccination policies in public employment and encouraged private employers to provide testing and other alternatives. However, Apple Studios ignored this and did not support Sexton’s claim of hardship.
According to Apple’s attorneys, a mandatory vaccine policy was deemed necessary for the “Manhunt” production due to the unique emergency posed by the COVID-19 pandemic. They considered the high infection rates, the presence of high-risk individuals among the cast and crew, and the less restrictive COVID-19 measures in Georgia at the time.
The Apple lawyers argue that alternative safety measures would have compromised the ability to tell the story safely, as it would undermine the production and premise if someone portraying President Johnson wore a face mask and maintained physical distance from other actors.
Furthermore, the Apple lawyers maintain that the production of “Manhunt” involves speech connected to a matter of public interest, generating curiosity among the public and media outlets.
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