February 12, 2009

Where, Exactly, Are The Damages?

Looks like an attempt at “extortion by lawsuit” by a race-based grievance ho in California.

Miley Cyrus has said she meant no offense by a gesture that some have construed as insensitive to Asians — but one woman isn't buying the pop star's story, and she thinks Cyrus should pay.

TMZ reports that the Los Angeles woman, Lucie J. Kim, has filed a class action lawsuit on behalf of all Asian Pacific Islanders living in Los Angeles County. And she's seeking quite a payout: $4 billion.

In the controversial photo, Cyrus, 16, is shown sitting on her boyfriend Justin GastonÂ’s lap surrounded by a group of friends all making a stereotypical gesture by pulling their eyes into a slanted position. The gesture is commonly thought to be offensive to Asian Pacific Americans.

Now here’s the problem with this lawsuit – there is absolutely no actionable harm alleged in this suit. Being offended is not an actionable in civil court. Neither is the expression of an (arguably) racist sentiment. This suit ought to be thrown out with extreme prejudice – and Ms. Kim and her legal team ought to be subjected to serious legal sanctions for filing this frivolous suit.

Posted by: Greg at 12:55 PM | No Comments | Add Comment
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