Gina Carano Fires Back After Disney Moves To Dismiss Her First Amendment Lawsuit
A month after The Walt Disney Company filed a motion to dismiss Gina Carano’s First Amendment lawsuit against the company, the former Mandalorian star is firing back.
Carano initially sued both Disney and Lucasfilm in February, accusing both entities of harassment and defamation after she refused to “conform” to their views on issues such as Black Lives Matter, preferred pronouns, and election interference.
![Gina Carano](https://mickeyblog.com/wp-content/uploads/2020/11/gina_carano-928x523.jpg)
![Gina Carano](https://mickeyblog.com/wp-content/uploads/2020/11/gina_carano-928x523.jpg)
Photo: NICK AGRO/AFP via Getty Images
In her suit, Carano says that she was fired for her cultural and religious beliefs. Additionally, she argued that Disney did nothing when her male co-stars made inflammatory social media posts directed at Republicans. Specifically, she cited Pedro Pascal’s 2017 post comparing former President Donald Trump to Hitler.
Disney Moved to Dismiss Last Month
In their motion to dismiss the suit, Disney pointed to the actress’s social media post, comparing the persecution of Jews in Nazi Germany to what modern conservatives face as the final straw.
![Bob Iger](https://mickeyblog.com/wp-content/uploads/2024/04/240403-Bob-Iger-ew-412p-5d1ef7.webp)
![Bob Iger](https://mickeyblog.com/wp-content/uploads/2024/04/240403-Bob-Iger-ew-412p-5d1ef7.webp)
NBC News
“Disney thus was entitled to protect its creative speech in the ‘Star Wars’ series from association with views Disney and many viewers (and potential viewers) considered offensive and contrary to Disney’s values,” the company’s lawyers wrote. “Carano’s presence as a prominent actor on ‘The Mandalorian’ interfered with Disney’s choice not to produce a show associated with her beliefs.”
Disney essentially argued that they had the right to dismiss Carano at will.
“Defendants Are Incorrect”
In response to Disney’s filing, Carano’s legal team argued that Disney’s argument did not hold water.
“After admitting that they discriminated against Carano for her personal political beliefs and subjected her to disparate treatment from her similarly situated male co-stars, The Walt Disney Company, Lucasfilm LTD, and Huckleberry Industries (collectively, “Defendants”) assert that the First Amendment to the U.S. Constitution gives them absolute immunity,” they wrote. “Defendants are incorrect.”
![Gina Carano](https://mickeyblog.com/wp-content/uploads/2020/11/Gina-Carano-1024x742.jpg)
![Gina Carano](https://mickeyblog.com/wp-content/uploads/2020/11/Gina-Carano-1024x742.jpg)
Photo: Xavier Collin/Image Press Agency/Sipa USA
Taking on Disney’s Constitutional amendment head-on, Carno’s team argued that the 1st Amendment does not give Disney the right to punish speech.
“Neither the First Amendment itself nor the few cases applying the First Amendment in the context of casting give employers the right to control or punish the personal speech of employees. None of Carano’s comments reference Defendants, Star Wars, or The Mandalorian, or had anything to do with Defendants. Carano’s claims do not seek to impose any message on Defendants or to change Defendants’ speech in any fashion,” they argued.
![](https://mickeyblog.com/wp-content/uploads/2020/09/Manda-1024x682.jpg)
![](https://mickeyblog.com/wp-content/uploads/2020/09/Manda-1024x682.jpg)
THE MANDALORIAN
Gina Carano is Cara Dune
“The First Amendment does not give Defendants the carte blanche authority to terminate Carano for expressing her personal beliefs.”
What Happens Next?
A hearing on Disney’s motion to dismiss is set for June 12. Judge Sherilyn Peace Garnett will make the decision.
![Gina Carano](https://mickeyblog.com/wp-content/uploads/2020/11/Gina-Carano-Mando.jpg)
![Gina Carano](https://mickeyblog.com/wp-content/uploads/2020/11/Gina-Carano-Mando.jpg)
Photo: UPI.com