The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Festivus + Jews + Kanye West + Litigation
"Unlike 'Festivus,' the fictional holiday created by Jewish artists, wherein 'worshippers' are permitted to air their personal grievances but once per year," "Ye adheres to an artistic vision in which he is unencumbered to share his grievances at any time of the year—and so he does."
More from the "[Kanye West] is not merely a creator; he is art" motion to dismiss; the motion is dealing with this allegation:
On June 4–5, 2024, Ye sent a series of text messages to Plaintiff that Plaintiff
characterizes as belligerent, abusive, harassing, antisemitic, and otherwise offensive. The messages included statements such as "Shut the fuck up bitch," "Hail Hitler," and "You ugly as fuck," among others. Plaintiff alleges that these messages constituted harassment. Defendants assert that the messages are protected artistic expression …, and were sent in furtherance of Ye's constitutionally protected right to resist unwanted interference with his creative work and his rehearsal of his iconic artistic style of advancing grievances in dramatic vernacular.
Here's the defense lawyers' response:
The motion adds,
Plaintiff's attempt to frame the messages as discriminatory or antisemitic is similarly unavailing. Plaintiff does not allege that she even disclosed her Jewish identity to Ye or Yeezy prior to receiving the texts. Without evidence of knowledge or discriminatory intent, Plaintiff cannot sustain a claim for harassment or discrimination based on protected status. The messages were not directed at Plaintiff's race, religion, or gender identity, but it was, rather, an artifice to communicate a conceptual grievance.
Again, the motion makes some legitimate legal points as to some of plaintiff's claims. But proud as we are of Seinfeld, I'm not sure that noting that Festivus was "created by Jewish artists" really advances the argument.
