Could Tom Cruise Sue "South Park" For Suggesting He is Gay? And Even If He Could, Should He?

FindLaw ^ | December 6, 2005 | Julie Hilden

[tfecw]

This article was funny in how seriously she analyzed the issue.

She obviously didn't enjoy this episode though ;) I sure did.

[z3n]

Isn't it a question of gray areas in defamation and slander?

I mean, if you say "Tom Cruise is gay", it raises a LOT of questions.
1) Is "gay" considered negative or harmful? If you make that case, wouldn't you be causing a lot of problems with the gay community. 1a) Can you make the case that a lifestyle issue is equivalent to an insult. 2) Isn't he going to have to claim is is NOT gay? Afterall, if he is gay, then they would have to sue southpark over privacy issues, not defamation and slander. So, how is he going to prove he isn't gay. His marriages. I can see the defense strategy now. 3) Was there malicious intent.

[hsalaw]

In Team America, it was the "Film Actors Guild." Gosh, what a funny, funny movie!

[NeoCaveman]

He really should come out of the closet

[Dallas59]

I thought he was Gay?

[peyton randolph]

What made the "in the closet" gag even more defensible is the use of R. Kelly in the episode. Kelly's "Trapped in the Closet" lyrics are clearly heterosexual.

http://www.anysonglyrics.com/lyrics/r/rkelly/Trapped-In-The-Closet-Lyrics.htm

[Semper Paratus]

now I know it's a science fiction novel

Founded by failed science fiction writer L. Ron Hubbard who bet another writer in the '50s that he could make more money founding a religion.

[OkieDoke]

Since he's a 'public figure' wouldn't he have to show "malice", or that they knew
he was not gay but portrayed him as homosexual anyway? NYT v. Sullivan

[TheSpottedOwl]

Oh that was too funny! My local Fox morning news show played the sound clip all morning long : )

I don't think he should sue, because Southpark makes fun of everyone. Oh wait, that's just ignorant! Another excellent episode, and to think I used to hate that show.

[darkangel82]

Honey you could sue someone for putting up their Christmas tree, but that doesn't necessarily mean you would get anywhere."

Don't give the ACLU any ideas.

[Mr. Mojo]

The fruitcake makes an appearance in Denis Leary's new Peanuts 'toon.

[minus_273]

"If I'm not mistaken, good ole "L Ron" also wrote "Battelfield Earth,""

which is also much of the basis for scientology.

[TheSpottedOwl]

Could he look more sillier than he does now?

Yes he can. What will he say, if perhaps there was a mix up at the sperm bank? He can 'splain it on Oprah ;-)

[BurbankKarl]

Tom Cruise can sue anyone he wants...he is a Sith.

[JustRight]

I think they were more making fun of the rumours that he's gay. If he's stupid enough to sue, it will expose the episode to millions of non-SP watchers.

[macamadamia]

How long will Hollywood and Scientology hide Cruise's 4 foot height? Tom, come out of the really little closet!

[fso301]

but I never thought he acted gay.

Been rumored for more than a decade.

I don't know but rumors floated around about Rock Hudson really being a "mans man" for a long time.

[Space Wrangler]

Can he sue? Well, like the old saying goes, you can sue the Pope for bastardry if you pay the filing fee. His only real option is to let it go, but then logic never was his strong suit, so look for a combo litigation attack from both Cruise personally, and the church $cientology. When it comes right down to it, it not like either party could look more foolish anyway, so what have they got to lose?

[Auntbee]

Tom Cruise can sue anyone he wants...he is a Sith(y).

[joebuck]

"Since he's a 'public figure' wouldn't he have to show "malice", or that they knew he was not gay but portrayed him as homosexual anyway? NYT v. Sullivan"

Under Sullivan a public figure can still recover if they can show the defendant made the defamatory statement in reckless disregard of its truth or falsity.