Former Mandalorian star Gina Carano has responded to Disney’s efforts to dismiss her wrongful termination and sex discrimination lawsuit. In a filing on May 9, Carano’s legal team argued against Disney’s claim that the First Amendment grants them immunity in firing her over her personal social media posts.
“After admitting that they discriminated against Carano for her personal political beliefs and treated her differently from her male co-stars, Disney, Lucasfilm, and Huckleberry Industries assert that the First Amendment gives them absolute immunity,” the filing states. “Defendants are incorrect.”
Carano’s lawyers contend that the First Amendment does not give employers the right to control or punish employees’ personal speech, especially when that speech does not reference the employer or their projects.
The filing adds, “Carano’s claims do not seek to impose any message on Defendants or change their speech. Defendants’ motion to dismiss should be denied as the First Amendment does not give them carte blanche authority to terminate Carano for expressing her personal beliefs.”
A hearing on Disney’s dismissal motion is set for June 12 before Judge Sherilyn Peace Garnett.
Carano was fired from The Mandalorian in 2021 for her social media posts, which Lucasfilm said denigrated people based on their cultural and religious identities. Her lawsuit, backed by Elon Musk, accuses Disney of sexist double standards, citing instances where male co-stars like Pedro Pascal and Mark Hamill posted controversial social media content without facing consequences.
In their dismissal motion last month, Disney argued that Carano’s posts trivializing the Holocaust were “the final straw” and that they have a constitutional right not to associate their artistic expression with her speech.
Carano’s response denies trivializing the Holocaust and maintains that her posts did not disparage anyone.
Since her termination, Carano has worked with conservative media outlets, appearing in projects like Terror on the Prairie and My Son Hunter.