CBS Argues First Amendment Protections in Bid to Dismiss ‘Matlock’ Writer Lawsuit Over Allegedly Racist Comments

CBS Television Studios is claiming First Amendment protections in a bid to dismiss some claims in a lawsuit from a writer on Matlock, who accused the show’s top brass of directing disparaging racial and sexual comments at him and other Black cast and crew members.

The writer, John Lowe, accused Matlock‘s showrunner and executive producers of creating a hostile work environment “permeated by sexually explicit and discriminatory conduct.” He was allegedly terminated after allegedly reporting an incident in which his supervisor referred to Juneteenth as “Coonteenth.”

In a statement, a CBS Studios spokesperson said the company is “confident that Lowe’s accusations are demonstrably inaccurate and maliciously fabricated” and that it “will not allow them to go unchallenged.”

“False allegations are deeply damaging, both to those wrongly accused, and to anyone with a serious and legitimate claim of discrimination,” the statement added. “We stand firmly behind our producers and look forward to the truth coming to light.”

On Friday, CBS moved to toss the complaint under a California law that allows for the early dismissal of claims intended to chill free speech. The thrust of its argument: Its decision to cease using employing Lowe, who alleged retaliatory termination, as a writer is a creative choice protected by the First Amendment. It stressed that he wasn’t actually terminated but rather that it declined to extend his contract, which guaranteed 20 weeks and then continued week-to-week at CBS’ discretion.

“A writer who is performing well and having a positive impact on the scripts may be extended, while a writer who is not performing well is generally let go earlier,” wrote Adam Levin, a lawyer for CBS, in the motion. “Those judgments are creative, because the composition of the room determines the content of the scripts that are shot for exhibition to the public.”

CBS extensively detailed Lowe’s shortcomings in the writers’ room. Some alleged examples: He failed to follow writing assignments; his outlines failed to incorporate notes and didn’t capture the show’s tone; and he came to set late and left during shooting.

In a court declaration, executive producer Nicki Renna said she reviewed an outline Lowe delivered and concluded the flashbacks he wrote “did not work” and “another scene did not make sense.” His performance issues were extensively documented with human resources, according to the motion.

Matlock showrunner Jennie Snyder Urman, in another court declaration, also said the claim she called Juneteenth “Coonteenth” was “made up” by Lowe.