CBS filed a motion on Thursday to dismiss a lawsuit challenging its diversity hiring practices for writers on the show “SEAL Team,” asserting its First Amendment right to select its writers.
The lawsuit, brought by Brian Beneker, a script coordinator on the show, claims he was overlooked for writing positions because he is a straight, white man. CBS argues that its decision to prioritize diversity is protected by the First Amendment because it affects the stories the show tells.
The defense draws parallels to a recent case involving Disney’s firing of Gina Carano from “The Mandalorian.” Both CBS and Disney cite legal precedents affirming a private entity’s right to make casting and hiring decisions based on its own views. While CBS acknowledges anti-discrimination laws, it contends that the First Amendment prevails in hiring decisions for positions involving expressive conduct, such as writers or actors.