HBO Gets to Argue Michael Jackson Estate Is Violating First Amendment

A judge requests briefing on the issue of whether compelling arbitration over 'Leaving Neverland' would infringe HBO's constitutional rights.

A judge requests briefing on the issue of whether compelling arbitration over "Leaving Neverland" would infringe HBO's constitutional rights.

The documentary is alleged to be a violation of a non-disparagement clause in a 1992 contract that once gave HBO the right to air a first-ever televised concert after the release of Jackson's album. The Michael Jackson Estate doesn't want a judge to determine that issue, however. Instead, the Michael Jackson Estate merely aims to compel arbitration pursuant to that same contract. Once that happens, an arbitrator would look at the contract, the documentary, and settle the dispute..

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