CARANO V. DISNEY: THE FIRST AMENDMENT RIGHT OF EXPRESSIVE ASSOCIATION AS A DEFENSE TO FIRING EMPLOYEES FOR THEIR POLITICAL SPEECH

Authors

Joel Timmer

Abstract

Following a series of controversial social media posts by actress Gina Carano, a cast member of the Disney+ Star Wars series, The Mandalorian, Disney terminated her employment on the show and announced that Carano would not appear in any future Star Wars projects. According to Disney, Carano was terminated because the views expressed in her posts did not align with the company’s values. Carano filed suit against Disney, claiming Disney violated California state labor laws that generally prohibit employers from sanctioning employees for their political activities. In response, Disney claims that the First Amendment right of expressive association provides an absolute defense to Carano’s action. Disney argues that this right allows an employer who is engaged in expressive activity, or protected speech, to terminate employees who the employer believes will interfere with or compromise the message the employer wants to send with its speech, even when that termination would otherwise violate the law. In essence, Disney is arguing that the high-profile, controversial positions Carano has taken detracts viewers of The Mandalorian from the show’s messages, and that the First Amendment protects its decision to terminate her employment as a result. This article examines case law on the right of expressive association, as well as the main arguments made by each of the parties in the case, to conclude that the weight of authority is on Disney’s side.

Recommended Citation

Joel Timmer, CARANO V. DISNEY: THE FIRST AMENDMENT RIGHT OF EXPRESSIVE ASSOCIATION AS A DEFENSE TO FIRING EMPLOYEES FOR THEIR POLITICAL SPEECH, 20 Wash. J. L. Tech. & Arts (2025).
Available at: https://digitalcommons.law.uw.edu/wjlta/vol20/iss1/1