CBS “has a constitutional right under the First Amendment to select the writers whose work shapes CBS’s artistic enterprise,” the motion filed today read. CBS also asserted that aspects of Beneker’s complaint are time-barred and fail to state a claim on which relief can be granted.

“The First Amendment bars Beneker’s claims in full. The First Amendment embodies a core principle of speaker’s autonomy that bars the government from dictating to expressive enterprises like CBS what to say and how to say it. It therefore displaces applications of statutes, including anti-discrimination laws, that would force an expressive enterprise to compromise its own message.”

Holding CBS liable for not hiring him “would prevent CBS from hiring the storytellers whom CBS believes are best suited to tell the stories CBS wants to produce and broadcast. Granting relief to Beneker would impair CBS’s ability to speak on its own terms.”

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