Dumb Money is just one of several mainstream works based on a true story to face legal action; Not all of these claims have been frivolous.
Summary
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Depicting real people in movies and television shows can lead to defamation and slander lawsuits, even if names are changed or pseudonyms are used.
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Public figures find it more difficult to win defamation lawsuits because they must prove “actual malice,” which is difficult to establish.
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Several high-profile films and television shows have faced lawsuits alleging defamation and misrepresentation of characters, but results have varied.
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With the news that one of the real people depicted in dumb money threatens to take legal action against the film, it is worth remembering some of the biggest true story projects to face defamation and slander lawsuits. Film dramatizations are always legal minefields. If a film shows a real person, or even features a character who closely resembles a real person, it is vulnerable to lawsuits. While many true story films try to stick to the facts as much as possible or change the names of the real people they portray, this does not guarantee protection.
While movies and television shows enjoy some First Amendment protections in the United States, they still need to tread carefully. Even when pseudonyms are used, a real person has a case as long as the movie or television character is obviously intended to represent them. However, if the person depicted is a public figure (someone who, for example, has published books or appeared prominently in the press), then they must prove that the film or series acted with “actual malice.” Actual malice is generally difficult to prove and means that most defamation lawsuits brought by public figures are dismissed, even if the facts of the project are demonstrably wrong.
10 Dumb Money (2023)
dumb money tells the true story of the Reddit-GameStop affair of 2021, which pitted institutional hedge funds against organized independent retail investors. Ken Griffin, CEO of hedge fund Citadel, appears to be preparing for a legal fight over the depiction of him in dumb money. The billionaire, played by Nick Offerman in the film, had two law firms send him threatening letters. dumb moneyThe Sony Pictures studio (via Disk). One of the letters states that dumb money “crosses the line into deliberately false and defamatory representation of Ken,” but it’s too early to say whether Griffin really intends to sue, or if he’s simply hoping to scare Sony.
9 Straight Outta Compton (2015)
Straight from ComptonThe film’s skillful dramatization of the rise of the legendary rap group NWA has quickly earned the film a reputation as one of the best hip-hop films ever made. However, the group’s manager, Jerry Haller, took issue with the film’s characterization of him. In Straight from ComptonHaller, played by Paul Giamatti, is portrayed as a predatory force who exploits the group’s inexperience in the recording industry for his own benefit. Haller’s $110 million lawsuit alleged that many of the film’s claims about him were false. However, a judge dismissed the case after determining that his misdeeds were a matter of historical record (via THR).
8 scammers (2019)
Scammers tells the true story of a group of exotic dancers who hatch a plan to rob their Wall Street clients. One of the main characters in the film, played by Jennifer Lopez, is inspired by Samantha Barbash, one of the ringleaders of the real-life plan. Barbash sued the film for exploitation and defamation. A judge dismissed the exploitation part of her lawsuit (via THR), since the film is not promoted using it”name, portrait, image or voice.The court confirmed that Scammers makes unsubstantiated claims that Barbash manufactured drugs, but this charge was also overturned as he could not prove the claims were made with malice.
7 The Wolf of Wall Street (2013)
2013 brought us one of Martin Scorsese’s best films, The wolf of Wall Street, a riotous account of the rise and fall of fraudulent stockbroker Jordan Belfort. The film based on real events contains many characters who are fictional or merged versions of real acquaintances of Belfort. One of those acquaintances, stockbroker Andrew Greene, sued the film for $40 million over the character of Nicky “Rugrat” Koskoff, played by PJ Byrne. Greene stated that audiences would easily recognize that the character, who uses drugs and hires sex workers, is based on him (via THR). However, the court determined that the connection between Greene and Koskoff was not overt enough to constitute actual malice.
6 The Hurt Locker (2008)
While director Kathryn Bigelow The wounded locker Not based on any particular true story, the film’s writer, Ed Boal, drew heavily on his experience as a journalist based in Iraq. An article, “The man in the bomb suit” focused on bomb expert Sergeant Jeffrey S. Sarver. Sarver then sued The wounded locker over claims that Jeremy Renner’s character was based on him. Boal argued successfully (via The Guardian) that “The Hurt Locker was inspired by many soldiers I met and interviewed during my time as a reporter in Iraq and elsewhere.Sarver lost the case and was ordered to pay the other party’s legal fees of $187,000.
5 Inventing Anna (2022)
A defamation lawsuit that is still ongoing is the case against the Netflix miniseries. Inventing Anna. The series dramatizes how con artist Anna Sorokin managed to reach the highest levels of New York society. Rachel DeLoache Williams, a former friend of Sorokin played in the series by Katie Lowes, is suing the Netflix production over her portrayal. Williams alleges that the series makes more than a dozen false claims about her character and her complicity in Sorokin’s crimes. She claims the show has made her a target for online abuse by portraying her as “aGreedy, snobbish, disloyal, dishonest, cowardly, manipulative and opportunistic person.” (through Forbes).
4 The Queen’s Gambit (2020)
The Queen’s Gambit It is not technically a true story, but its narrative of the rise of a genius chess prodigy is loosely inspired by a real person and mentions several chess players active during its historical setting. One of those players, Nona Gaprindashvili, sued over a line in which the show unfavorably and falsely compared her to the series’ protagonist, Beth Harmon, by claiming that Gaprindashvili never competed against men. The phrase is patently false, as Gaprindashvili had competed in at least 59 matches against male opponents at the time the episode unfolded. Netflix agreed to settle Gaprindashvili’s $5 million lawsuit (via Los Angeles Times).
3 Pain and Gain (2013)
Director Michael Bay delivered one of his most underrated films with Pain and Gain, a factual black comedy about the poorly executed kidnapping and extortion plot of a group of bodybuilders. The real-life kidnapping victim, Marc Schiller, whose name is changed in Pain and gain to Victor Kershaw and is played by actor Tony Shalhoub, sued the Paramount Pictures studio. Schiller argued that the film changed numerous facts to make the kidnappers seem more sympathetic while he portrayed his character as a “abrasive braggart, who committed dishonest and illegal acts” (through THR). Paramount failed to get the case dismissed and ultimately settled out of court for an undisclosed sum.
2 Fight: Bette and Joan (2017)
The FX Series Fight: Bette and Joan Dramatizes the notorious rivalry between actors from Hollywood’s golden age, Bette Davis and Joan Crawford. The series depicts other prominent figures of the era, including actress Olivia de Havilland, known for films such as gone With the Wind and The Adventures of Robin Hood. When Fief was released, de Havilland, then 101 years old, decided to sue over claims that “Feud used my identity without my consent and put false words in my mouth” (through The Guardian). The courts dismissed the suit, stating that de Havilland, who plays Fief by Catherine Zeta-Jones, could not prove active malice on the part of the writers.
1 When They See Us (2019)
when they see us depicts the Central Park Five case, in which five young black and Latino men were falsely accused of a heinous crime in 1989. Felicity Huffman plays Linda Fairstein, the New York prosecutor building a case against the Five. Like Ken Griffin in dumb money, the real Linda Fairstein is not happy with her portrayal of the villain. Fairstein is suing Netflix (via Variety) arguing that the series falsely portrays her as a “Racist and unethical villain.In 2021, a judge ruled that Fairstein’s lawsuit can go to trial based on five scenes that “show Ms. Fairstein engaging in coercive and discriminatory conduct.“
Sources: Puck, The Hollywood Reporter, The Guardian, Forbes, LA Times, Variety