The legal system doesn’t seem to be the right venue for this, because however idiotic Cyrus’s actions, they are clearly “speech” and are therefore protected…from *government* (i.e., legal) restriction.

Disney should, though, have let her go, or at least better managed her “apology.” And she’s got a Hannah Montana movie coming out…I wonder what a group of protesters at theaters would do to its grosses.

Cathy – Brad did not clarify the basis for the lawsuit, which is completely frivolous. This is not an issue for the courts to settle and Ms. Kim’s filing is an abuse of the legal system. She should know that especially since she is a legal secretary and her attorney is her boss. You do realize that with herself as lead plaintiff and her boss as class attorney they stand to receive the lion’s share of whatever proceeds might result from this frivolous case, which is nearly certain to be nothing? Why couldn’t she find someone less conflicted to file the lawsuit? Answer: because then she wouldn’t be entitled to lead plaintiff fees and expenses. The only “group” she is representing is herself and her law firm and the only thing Asians as a group might get out of this is a backlash. Regarding my first amendment quip, you apparently have bad radar for sarcasm. As to “hiding behind their First Amendment rights because they believe it gives them the right to say and do whatever the fuck they want”, are you suggesting we change or reinterpret the U.S. constitution to make “hate speech” illegal (as it is in most countries)?

A – Another malfunctioning sarcasm radar I see. My subtle point was precisely that Ms. Kim is as likely to prevail over Ms. Cyrus on civil rights as Ms. Cyrus would prevail in a first amendment lawsuit against Ms. Kim. In any case, individuals can’t just make up shit and sue without consequences — they can file whatever they want but they do so at risk of being fined, sanctioned and required to pay the defendant’s legal costs. The only precedent this is likely to set is that legal secretaries represented by their own bosses should be more careful with the lawsuits they file.

The apology will likely go from, “I’m sorry you were offended,” to “I’m sorry” because she’s under threat of losing money.

While I think Brad did an excellent job of clarifying why there is a basis for this lawsuit and what it represents and could represent for the offended Asians who aren’t having their voice heard, I can’t help but comment on the fact that you believe this lawsuit infringes upon Miley Cyrus’s First Amendment rights. How does the First Amendment give Miley the right to be allowed to take photos that are clearly offensive to a group and continues to perpetuate stereotypes for a race that is already misrepresented and underrepresented in this country? And yet, when said group decides to voice that they are offended and demand fair action against Miley, their First Amendment rights seem to be non-existent. Please help me, I’m failing to see how this works.

The First Amendment was not meant to be taken literally. Period. People need to stop saying and doing dumb, hurtful shit and then hiding behind their First Amendment rights because they believe it gives them the right to say and do whatever the fuck they want.

It’s clear from both of Miley Cyrus’s apologies that she still didn’t quite understand what she did. She’s sorry if anyone was offended, which isn’t being sorry for her own actions exactly. To me, this lawsuit is more of a reinforcement of who exactly it is that she offended and the negative consequences of racism, regardless of intent. Plus, it is possible that the details of this lawsuit were in the works prior to the apologies, and that this lawsuit may be rescinded soon.

Also, you’re average Jane and Joe, whose words you are “quoting,” are most likely looking at the fact that this is a lawsuit and the amount being asked for. (And how are those not your words exactly since you didn’t give a quote or paraphrase let alone a link?) They’re ignoring the fact that it’s a class action lawsuit for one thing, which is a much different situation than a civil lawsuit, and that it may just be a symbolic act rather than a greedy Asian seeking to line her pockets. They would rather believe that Miley Cyrus did nothing wrong and all the evil PC police are after her over a simple “goofy face” because we are a postracist society and she’s free to do whatever she wants with her face. The plaintiff should not be blamed for these people’s misconceptions of her intent.

http://www.foxnews.com/story/0,2933,491304,00.html

I’m sorry that this is coming from Fox News lol

Thank you! I’m sooooo sick when White folk grab one PoC whose mind is colonised or has internalized racism out the yang (because I believe that ALL PoC in colonized areas suffer from that to an extent) and wants to gain Most Favored Darkie status to bolster their rights to be racist asshats.

“So-and-so doesn’t mind if i make the ‘chinky’ eyes/call her ‘bitch’/call him ‘nigger’/tell ‘Jew’ jokes/use the word ‘spic’ around him so YOU shouldn’t be offended either!

I remind those folks that there were Black people back in the day that didn’t mind slavery and were traumatized when it ended. Does that mean I should be chopping cotton now for free?

I would say education is precisely what is needed here. OF COURSE you can still get to the age of 16 today and behave this way. Many kids do (and worse). Unfortunately, the populist idea that people are becoming increasingly PC in this day and age is a major barrier to understanding the hurtful impact of various “-isms”. To overcome this, most offenders need to be told why they are wrong and this should be done in very specific ways. If Ms. Cyrus received a few hundred letters from her fans letting her know how they have been hurt by such gestures in their personal lives, she would likely be very ashamed. If her fans rag on her hard enough, she might even take a future active role in helping stop the perpetuation of stereotypes in the media (or at least the projects in which she is involved).

Is it the responsibility of the oppressed to educate the oppressor? No, but when the oppression is subtle, it sure helps to scream and shout if you wish to be heard.

The most disgusting thing isn’t that a 16 year-old girl doesn’t get why this is a big deal, it is the deafening silence coming from Disney. Kellogg’s immediately yanked the rug from under Phelps for his reefer pic while the corporation a mouse built doesn’t seem to care a whiff about basic human dignity.