Facts

The "reality" television shows "The Bachelor" and "The Bachelorette"feature a bachelor or bachelorette who is pursued by twenty-five suitors of the opposite gender. Nathaniel Claybrooks and Christopher Johnson, who are both African-American, filed suit against the producers of the shows and the network that airs the shows, alleging that the casting process discriminates against persons of color. Plaintiffs asked for, inter alia, an injunction barring the defendants from violating 42 U.S.C. Section 1981, which bans discrimination in the formation of contracts.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that the main character on the shows, the bachelor or bachelorette, was never a nonwhite individual and that this was intentional discrimination in violation of 42 U.S.C. Section 1981. Plaintiffs argued that Defendants' casting decisions, and failure to cast persons of color in the title roles, perpetuated negative stereotypes regarding relationships of color and inter-racial relationships. Plaintiffs stated that they expressly filed the lawsuit to advance race relations among the show's audience, by highlighting relationships of color and eliminating outdated racial taboos regarding inter-racial relationships.

DEFENDANT'S CONTENTIONS:
Defendants argued, inter alia, that television shows are protected by the First Amendment to the United States Constitution and that casting decisions are inherently expressive and integral to their artistic vision for the shows. Indeed, in reality television, such as the shows, the cast and their interactions are the story. Defendants contended that anti-discrimination laws cannot be applied to the casting process consistent with the First Amendment, particularly where the plaintiffs' goal is to change the messaging of the show.

Result

The Court dismissed the case with prejudice, holding that the First Amendment protected Defendants' actions.