The three judge panel in the 2nd US Circuit Court of Appeals in Manhattan unanimously ruled Thursday to throw out the $95 million lawsuit from Moore and his wife against Cohen, Showtime and its corporate owner, CBS, over a segment of the “Who Is America?” program, which aired on Showtime in 2018.
During the segment, Cohen interviewed Moore, the former Chief Justice of the Supreme Court of Alabama and controversial Republican who lost a special election to fill the US Senate seat vacated by Jeff Sessions, under the ruse of receiving a prize in honor of his support for the state of Israel.
In character, Baron Cohen described a fictional “pedophile detector.” During the episode, the device — which looks like a hand-held metal detector — was shown beeping near Moore, implying that he was a pedophile. Moore walked out of the interview.
In its decision, the Second Circuit said Judge Moore signed a release waiver ahead of the interview, the plain text of which barred Moore from future claims for defamation, intentional infliction of emotional distress, and fraud. The court also agreed with a lower court, “that the segment at issue was clearly comedy and that no reasonable viewer would conclude otherwise.”
“Humor is an important medium of legitimate expression and central to the well-being of individuals, society, and their government,” the ruling stated.
