‘Martha’s’ lawsuit against Netflix for ‘Baby Reindeer’ will run into the 1st Amendment

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Jessica Levinson, a professor at Loyola Law School, is the host of the 'Passing Judgment' podcast. She is also the director of the Public Service Institute at Loyola Law School, director of Loyola's Journalist Law School and former president of the Los Angeles Ethics Commission.

Fiona Harvey, the apparent inspiration for the character Martha in the Netflix series “Baby Reindeer,” has sued Netflix and comedian Richard Gadd, the writer, director and star of the series, for portraying Martha as a character who stalks and sexually assaults Donny, the main character who’s based on Gadd. Netflix describes the series as “a true story.” There appears little doubt that Harvey’s life has been raked over the coals by internet sleuths who identified her as the “real life Martha.

” However, given how quickly people on the internet identified Harvey as Martha, Gadd’s statements seem more aspirational than based in reality. And while Harvey is referred to in the series as Martha, and not Fiona, Harvey alleges that little else about her identity was changed. She says in the suit that, like Martha, she is a “Scottish lawyer, living in London, twenty years older than Gadd ...

 

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