Imus won't go quietly
The talk show host has hired a top First Amendment lawyer, and an unusual clause in his contract could give him a $40 million payday, writes Fortune's Tim Arango. By Tim Arango, Fortune writer
May 2 2007: 12:48 PM EDT NEW YORK (Fortune) -- Don Imus, the tousled and acerbic radio host whose racial remarks engendered a media storm that triggered a swift upending of his career, is not going away quietly even if the imbroglio has all but disappeared from the national conversation in the wake of the Virginia Tech massacre.
For Imus, who made a career out of operating in the murky space between sophomoric humor and high-brow political talk, there is the little matter of about $40 million left on his contract with CBS Radio - whose boss Les Moonves fired the shock jock on April 12. CBS' lawyers contend Imus was fired for cause and not owed the rest of the money. But Imus has hired one of the nation's premiere First Amendment attorneys, and the two sides are gearing up for a legal showdown that could turn on how language in his contract that encouraged the radio host to be irreverent and engage in character attacks is interpreted, according to one person who has read the contract.
The language, according to this source, was part of a five-year contract that went into effect in 2006 and that paid Imus close to $10 million a year. It stipulates that Imus be given a warning before being fired for doing what he made a career out of - making off-color jokes. The source described it as a "dog has one- bite clause." A lawsuit could be filed within a month, this person predicted.
A CBS spokesman declined comment, and Imus, through his attorney, also declined an interview. Bo Dietl, a private investigator and author who is a long-time Imus confidante and was a regular guest on the show, has been making the rounds of the cable talk shows defending his friend and had this to say to Fortune: "I just heard that there is a contract in place, and that he can't be fired without a warning."
Imus has hired Martin Garbus, a New York-based attorney at the law firm Davis & Gilbert who is widely recognized as one of the country's most able First Amendment lawyers. Time Magazine, for one, has called him "legendary, one of the best trial lawyers in the country." He's successfully represented the comedian Lenny Bruce against criminal charges on First Amendment grounds, and the writer Robert Sam Anson in a lawsuit filed by Walt Disney trying to halt the publication of a book critical of the media giant.
But in Imus' case, his free speech rights are tempered by the fact that he said what he said on the public airwaves - which are subject to Federal Communications Commission regulations about what is appropriate content.
"[Garbus is] a First Amendment lawyer who's argued many important cases," said Washington, D.C.-based attorney Lynne Bernabei, who has often represented plaintiffs in employment disputes. "I'm sure they're trying to make this a First Amendment case. But the airwaves are heavily regulated by the FCC. "In my mind there is a big difference between someone who is under contract and is under FCC regulations and someone who speaks out in town hall. This is someone in a heavily regulated industry and who used the public airwaves." Bernabei also said that any contract stipulations that allow for provocative content on Imus' show are probably balanced by "something in the contract about appropriate content." She said, "I'm sure CBS has something about conduct - that he can't use profanity and has to abide by FCC regulations." So under this argument, the case could turn on whether Imus' comments - which referred to members of the Rutgers women's basketball team as "nappy-headed hos" - meets the definition of profanity under FCC guidelines.
The FCC, on its Web site, defines profanity as "including language so grossly offensive to members of the public who actually hear it as to amount to a nuisance." In some people's minds, CBS (Charts, Fortune 500) would have a slam dunk in making that case. Then there would be the matter of whether or not Imus ever quietly received warnings for previous offensive racial remarks. And there were several, including once referring to the New York Times African-American sports columnist Bill Rhoden as a "quota hire" and PBS anchor Gwen Ifill, who is black, as a "cleaning lady." Meanwhile, Imus plans to retreat to his ranch in New Mexico for the summer before deciding whether to make another go of it on the radio. Many have speculated he could wind up in the unregulated world of satellite radio, but Dietl, his close friend, thinks he'll be back on terrestrial radio. "He's going to take off the summer, but I think he'll be back and stronger than ever," he said.
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Thursday, May 3, 2007
Imus To Sue CBS' Nappy Asses
What Don Imus said about the Women on Rutgers Basketball team was wretched and I stopped listening to his show years ago but I have to defend him. First of all just like Orthomom and Gourmet Glatt, this is a case of Imus (who can defend himself ) vs. Bullies like Al Sharpton or even the ADL sticking its nose in where it does not belong. It is also a case of Hypocrisy all across the board from the radio station that continues to employ bigots Mike and the Maddog in PM Drive, to MSNBC who has a holocaust denier as it Chief Political Correspondent to the tons of guests who kissed Imus' ugly ass for years knowing what his comedy was all about then abandoned him with indignation as if they never listened to the show before. That why I was so happy when I read this article in Fortune saying that Imus was going to Sue CBS' Nappy Asses:
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4 comments:
Forget about Al Sharpton. Why are all the Imus apologists obsessed with Al Sharpton. What if you were one of the kids on team? What if it was a yeshiva league team? what about all the unfunny not tasteful things he has said about jews?
What about Dan Rather?
Can he sue CBS now too???
huh?
Dan Rather gave a false report thats different
If you read my first post about Imus you would have seen that I spoke about those too.
What if I was one of those kids--I have been physically beaten because of the Kippah I wear on my head...that hurt a lot more.
All I am saying is that If Imus gets fired for being a Racist than sharpton shouldnt be allowed on TV either. His racism has caused DEATHS
great and ann coulter has called for people to commit acts of violence against nytimes emlpoyees so lets get her off too.
And again, imus has nothing to do with sharpton. if he was called out by someone else then what would your arguments be?
Once again you are reading what you want to read. I also said to be fair get rid of Pat Buchanan (who is on the same tv channel that fired IMus) and Mike and the Mad Dog (who is on the same radio station that fired IMUS) and if you want to add Ann Coulter go for it.
What IMUS said was disgusting--its the first thing I said, but Why whole point of what I said was whay should Imus be punished when the others aren't? And the Hypocrisy of the guy that first brought us the message, Rev AL, is the most shining example.
And yes you better believe that your message is tainted by who delivers it thats why advertisers spend millions of Dollars on Q-scores. The initial message was tainted by the fact that it was Al Sharpton delivered it.Because in most Cases Sharpton does not give a rats ass about the truth.
Why is Sharpton part of the Story? Becase with Crazy Al the story is about crazy AL. And because he is a roaring hypocrite. He Calls himself a Reverend and has been a false witness.His words have Directly lead to NINE DEATHS. He has lied to enrage communities and thus promote himself.
I am not sure if my reaction would have been different if there was a different messenger. I will tell you that Ms Stringer, the Rutgers coach has more dignity in her fingernail then Sharpton has in his whole body---so maybe if it came from her I would have reacted differently.
Let me ask you...
1) DO YOU HAVE A NAME? Cause you are posting anonymously?
2) Why are you defending Sharpton so hard?
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