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Ava DuVernay and Netflix are seeking to get the defamation lawsuit filed by former District Attorney, Linda Fairstein, tossed.

“Plaintiff’s claims fail under the First Amendment as a matter of law,” the document states on behalf of the renowned director, the streaming giant, and When They See Us producer/writer Attica Locke. “Material falsity is essential to any defamation claim and is an element Plaintiff must establish,” the motion states.

“Here, the Series is an artistic dramatization of controversial and contested historical events. Plaintiff’s complaint that the Series’ portrayal of her is “false” because it ‘depict[s] her at places where she never was’ and “puts words in her mouth” that ‘she never uttered’ is simply a non sequitur,” the motion adds.

In Fairstein’s legal swipe she claimed Ava DuVernay and the creators of When They See Us portrayed her as a “racist, unethical villain who is determined to jail innocent children of color at any cost.”

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