Don Imus was fired for calling the Rutgers women's basketball team "nappy-headed hos," but he has hired a First Amendment lawyer who says his contract didn't just allow him to make such remarks -- it encouraged it.According to Fortune, Imus has hired Martin Garbus, "who is widely recognized as one of the country's most able First Amendment lawyers." And Garbus will argue that CBS owes Imus the $40 million remaining on his contract because the contract specifically urges him to be controversial and irreverent.
The contract also "stipulates that Imus be given a warning before being fired," a warning he apparently never received despite a long history of making jokes that poked fun at people based on their race, sex, religion or sexual orientation.
No matter the outcome of this case, there's no question that Imus's employers supported for years the same types of comments that led to his firing.


















Reader Comments (Page 1 of 2)
5-03-2007 @ 8:49PM
john dapas said...
intersting how this will play out. widely different standards for different people
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5-03-2007 @ 8:50PM
john dapas said...
widely different repurcussions for different people
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5-04-2007 @ 12:31AM
JON said...
Like I said before..the people are other side are even more scary
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5-04-2007 @ 4:35AM
Richard said...
I have listened to Imus for years and yes he has said some outragous things in the past and we all laughed and wondered how does he get away with this? Yes it is his right to try to get what he has coming on his contract but leave it to the courts and out of the papers. I am getting tired of this hype, in the end, he will land on his feet, on the air somewhere we all know that. Enough Imus crap already.
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5-04-2007 @ 5:21AM
michael said...
What is common to both sides in this flap is that Imus was hired to shock.It was an accepted broadcast reality that he would provide comments outside of the mainstream. It is what Imus always did and does.CBS bought the package and Imus did the deed.
Wonder if he was ever warned that he was not shocking enough? To further compicate this development is to how and why the language was so included...did CBS insist on it or was it from Imus himself? What usually separates all this stuff around the country is something called...community standards over the airwaves. Did the contract itself violate the spirit of decency? It will be a lawyer's war as the base of it all will be built on the court
having access to Imus remarks outside of this firing incident...from his past. If that stuff is admitted,
it will be a wild ride. Shock jocks are fired on a regular basis around America for outrageous statements and stunts. They are run off the air and
later sued.CBS warned him this time with the 2 week suspension.Is that a warning? It will be an argument once again based on 'is' that Bill Clinton liked to debate.CBS made big bucks on the Imus program...as did Imus. Both came to the party ready to win. Sponsors jumped on board and then off when the Rutgers insult became too vicious to accept.
Get ready for a noisy ride unless CBS kicks back some of the money Imus says he is due...due because he was doing his job as so stated in his personal services contract. The words in the contract...when blown up big on a courtroom screen...will seem larger
that perhaps the Tiffany network intended on paper.
That is when the words and concept...community standards, will become very loud.
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5-04-2007 @ 6:45AM
money bags said...
DAMN!!!! YOU"RE STILL TALKING ABOUT THIS B.S. YOU WOULD THINK IMUS HAD THE CURE FOR AIDS OR CANCER THE WAY YOU PEOPLE KEEP PRASING THIS GUY. PEOPLE ARE FIRED EVERYDAY FROM WORK WHY SHOULD HE BE ANY DIFFERENT.
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5-04-2007 @ 8:03AM
Everett Thomas said...
What a lark! Fire Imus and solve the problem. While not in agreement with his comment, it is clear to me that he is no demon. He is asked to fall on the sword because it is "PC". There again, the country fails to face our problems head-on. Maybe truth is too much to ask. By the way, I am fully a Black male,who is very familiar with the content and the basis for this behavoir.
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5-04-2007 @ 7:38AM
ROBERT FRITZ said...
It amazes me how dumb some people are...if Imus looses this battle...what happens to the hundreds of kids he has 'supported' over the years with his Imus Ranch, his NJ Hospital for Kids with Cancer and many other charitable acts. He has 'offended' everybody on his show...McGirk also...so what! Freedom is what this is all about...
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5-04-2007 @ 7:50AM
sproket90 said...
GO IMUS!!!
Lets hope he wins and can start broadcasting his show again in his own studio with the money.
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5-04-2007 @ 8:03AM
Cecil J Barnette said...
Its ridiculous that TV has sunk to the degrading methods it uses to get an audience. What's even sadder is that its still a segregated group of money shackers who use their power to get things said and done to draw their ratings. Why aren't there more minority speakers on jobs like these. 40 million to 'PO' people. Other's would love to make that payroll, but are still excluded. I'm sure Imus has charitable organizations he gave too; most do to get those tax breaks. But the man's heart is in a lower extremity, its not where it should be. But if God can speak through a jackass, maybe one day Don Imus will allow him to speak through his mouth; then we'll know he is truly sorry, and its not just 'show me the money.'
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5-04-2007 @ 8:07AM
wayne said...
We need to talk more about breasts and leave poor Imus alone. His wife is hot by the way
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5-04-2007 @ 8:27AM
tj said...
Imus is no demon, true. However, there's a line between "controversial" and unabashedly reprehensive. For him to apologize to those girls, admitting that what he said was unacceptable, and then to now say it wasn't wrong "according to his contract" and was acceptable enough under that to be compensated is ridiculous. As far as I'm concerned, it completely negates anything he said to those girls to now go after the money. Now some will argue that he's not being compensated for saying those things, and that he's being compensated for "wrongful termination under his employment contract", and frankly, he might just win, because his contract might be vague on what the definition of "controversial" is, and because they let so many things go in the past he felt what he said was acceptable under those terms. Contracts and lawyers aside, I hope - morally - that he can sleep on his $40 million dollar bed knowing he played both sides of the fence, one side or the other at his convenience, and at the expense of those great girls. If Imus had the level of decency he claims to have, he'd just go on and make money on satellite radio (like I'm sure he'll do, and more of it, by the way) and walk away from a situation that, ultimately, he created...
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5-04-2007 @ 8:37AM
Virgil Mincy said...
What shortsighted hypocrites we tend to be. While tasteless and racial, the slur that broke Imus' back was mild compared to what he has regularly offered: he has blasphemed God, reviled every racial group, calls everyone "fat morons, etc., etc.," and bragged, along with CBS and MSNBC, about his ratings. He should be thanked by those seemingly most interested: It got to the point the good Rev. Sharpton was actually hailing the Rutger team's "Glorious Victory...," notwithstanding the fact Tennessee cleaned their plow.
This, and the stance taken by a majority of excusers, that Imus' comment was "different" from the foul crap created by rappers, and others, and, sold by the same crowd firing Imus, just sets logic and common sense back a generation or two.
Let's get rid of all snakes...or quit crying "foul" when one bites somebody. Hard to have it both ways.
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5-04-2007 @ 8:38AM
john brooks said...
Can not believe all of this--Imus has poked fun and brought the attention of his listeners for years --the different ways that people talk--look etc....there was no harm meant-- the interesting thing about this is the fact that so many people that are suppose to be educated and have a higher understanding of life are totally clueless and they are the ones who show a lack of character and should not be trusted!!!!!!!!!!!!!!!!!!!!!
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5-04-2007 @ 8:41AM
Janell said...
Although the content was inappropriate, the man apologized over and over. I hope he wins the case so he can continue his work with children. I am sure other radio announcers have not have ever said any derogatory comments about another race. Yeah right we most of us just don't listen to Chicano or Hip hop stations. Give the man a break. And by giving it so much attention- I believe the situation has been made worse.
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5-04-2007 @ 8:52AM
Bob said...
I'm still amazed at how Al Sharpton (the bigest racist)was able to make General motors and other companys buckle and run like rats
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5-04-2007 @ 8:52AM
TOM said...
IMUS AND ANNA NICOLE SMITH.....WHO CARES? THE STORY WAS REPORTED OVER AND OVER.....ENOUGH !!
OH, BY THE WAY......WHAT DOES LARRY BIRKHEAD DO FOR A LIVING?
THE END.........MOVE ON PLEASE
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10-18-2007 @ 6:48AM
PattyAnn said...
CBS radio has a five second delay to catch and bleep out "bad words". Why didn't they use it? Obviously this particular language wasn't offensive enough, at least by their standards, or were they just asleep at the wheel?
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5-04-2007 @ 9:57AM
duane A Hachinsky said...
Your show Imas was the beginning of my day,I enjoyed it very much,Thanks... Your show showed evry type of news going on ,not just My suppard Local News ,over abd over again? I hope you can get back into a program and can be seen again on TV in my Home. Some other network has to pick up your show ,again! Maybe even Satelite or on my Time warner TV only has news shows through tHE 40 CHANNELS. o'WELL , I tHINK YOU should HAVE ANOTHER SHOW ,ANY CHANNEL, tHANKS FOR Your show I can tell you a black man is as a hatean ,even more than a white man against a black man. I'll tell you when fight it is never 1 one 1 they don't have enough nerve to handel their own problem , Being a white man they would do nothing but 3-4 on 1 in fight evrything,etc. Had a show I enjoy heck with the acts of a black person, I enjoyed your show ,Take care,your FAN,Duane later......
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5-04-2007 @ 10:40AM
Ron Bazemore said...
It all boils down to the sensitivity of the people being offended. Either they are so thin skinned it goes beyond incredulous, or they are just looking for an issue to jump on and say "See what they make us indure?" It just makes me sick that we continue to harp on this action, but it makes them happy because they are front page with their silly cause celeb.
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