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Artist News Digital Legal
KimKan’s proposal lawsuit cleared for court
By Andy Malt | Published on Wednesday 19 March 2014
Kim Kardashian and Kanye West’s lawsuit against YouTube co-founder Chad Hurley can proceed to court, after a judge rejected a claim by Hurley that the case violated his free speech rights.
As previously reported, Hurley incurred the wrath of the West-Kardashians after posting a video of their engagement to his new Vine/Instagram competitor Mixbit. In doing so, they say, he violated a confidentially agreement he signed prior to attending the engagement party (to which, they also claim, he was not even invited, coming as the +1 of another guest).
It’s not just a privacy issue for Kardashian and West. The couple had sold the exclusive rights to screen the proposal to E! Entertainment Television for a future edition of ‘reality’ TV show ‘Keeping Up With The Kardashians’, and the posting of Hurley’s video preceded that broadcast.
Hurley had attempted to have the case dismissed on constitutional grounds, specifically that his posting of the video was covered by his right to free speech. Btut Superior Court judge Ruth Ann Kwan rejected this claim yesterday.
Hurley’s lawyer Rodger Cole said that they would appeal the ruling, telling reporters: “We still believe Mr Hurley’s conduct should be protected by the First Amendment free speech rights. We do not believe the celebrity release agreement should preclude him from posting the video he posted”.
Pending this, the dispute is set to reach court on 17 Nov.