Appeals court rejects Olivia de Havilland’s Feud lawsuit against FX

The Hollywood Reporter

A California appeals court dismissed the 101-year-old acting legend's defamation lawsuit over Feud: Bette and Joan because the FX series is protected by the First Amendment. "The reversal is a victory for the creative community, and the First Amendment," producer Ryan Murphy said in a statement. "Today's victory gives all creators the breathing room necessary to continue to tell important historical stories inspired by true events. Most of all, it's a great day for artistic expression and a reminder of how precious our freedom remains." In the decision, the appeals court ruled that de Havilland’s victory could have chilling effects on how history is portrayed: "Whether a person portrayed in one of these expressive works is a world-renowned film star — 'a living legend' — or a person no one knows, she or he does not own history," states the opinion. "Nor does she or he have the legal right to control, dictate, approve, disapprove or veto the creator’s portrayal of actual people."