From today's decision in Fairstein v. Netflix, Inc., by Judge Kevin Castel (S.D.N.Y.):
"When They See Us" is a four-part Netflix series that dramatizes the experiences of the young men dubbed in the press as "The Central Park Five." The underlying events have been the subject of exhaustive reporting and commentary for more than three decades. The Netflix series was promoted as being "[b]ased on the true story of the Central Park Five." It follows the experiences of the Five over many years, from their arrests, trials and convictions for the April 1989 rape and assault of Patricia Meili in Central Park, to their release from prison and struggles to readjust to life as young adults after a serial rapist named Matias Reyes came forward to claim sole responsibility for the Meili rape.
The filmed dramatization of real-world events using famous actors and cinematic production values is a well-established genre. To advance their points of view and heighten dramatic tension, filmmakers will sometimes use a composite character as the stand-in for a real-world figure or groups of persons acting together. For narrative coherence or heightened tension, dramatizations typically contain invented dialogue and condensed timelines. Under New York's common law of defamation, there is neither a wholesale carve-out for dramatizations nor a per se condemnation. Like any work that comments on public figures or reflects an opinion on a matter of public controversy, dramatizations are afforded strong First Amendment protections.
Plaintiff Linda Fairstein is the former head of the Sex Crimes Unit in the Manhattan District Attorney's Office. She asserts that scenes in "When They See Us" depict her by name and portray her in a false and defamatory light. Defendant Ava DuVernay, who is the writer, director and producer of the series, has stated that Fairstein "represents the criminal justice system, and the criminal justice system is the villain in the Series. That portrayal was grounded in, and supported by, both our sources and the point of view we were expressing." The Fairstein role is performed by the well-known actress Felicity Huffman, and, in the series, the character is portrayed as personally responsible for orchestrating nearly every aspect of the investigation and prosecution of the Five.
