Heath Ledger’s Death: A Trio of Legal Questions
We wish we knew how to quit… finding legal angles to every story under the sun. One such story is the recent, tragic death of Heath Ledger, the celebrated young actor.
We’ve noted the news in passing. Now we offer more substantive, law-related discussion (beyond fleeting references to NYU law students who went from their seminars about Jesus to join the crowd of gawkers assembled outside Ledger’s apartment).
1. Rights to remains. Sometimes this can become an issue, as it did in the case of Anna Nicole Smith. Earlier this week, the Ohio Supreme Court heard a case about a law providing that body parts removed during an autopsy are classified as medical waste (which usually results in the incineration, rather than burial with the body).
It fortunately appears this won’t be an issue in Ledger’s case. Although additional blood and tissue testing still needs to be done, his family will be taking custody of his body, according to the NYT’s City Room blog.
2. Pending projects. Heath Ledger’s sudden passing raises issues with respect to projects he was involved with. From the Hollywood Reporter:
Of particular importance to Hollywood will be the future of Terry Gilliam’s The Imaginarium of Doctor Parnassus, which had very recently begun shooting. After dealing with the shock of losing Ledger to unfortunate circumstances, the film’s producers and lawyers will have to consult with their production lawyers and the insurance firm that indemnified the film to decide whether to recast, restage and/or rewrite the film to work around Ledger’s absence, or whether Ledger’s death presents an irresolvable barrier to completion of the film.
More analysis, including discussion of insurance recovery issues, over here.
3. Funeral protestors. Exact funeral plans for Heath Ledger are not yet known. But when it does happen, it could get ugly. A tipster raises a legal question:
Check out this story [about how members of the antigay Westboro Baptist Church plan to protest at Heath Ledger’s funeral, because of his work in “Brokeback Mountain”].Here’s my question. These [SOBs] are saying horrible, offensive, disgusting things. When does the fighting words doctrine come into play, and does the fighting words doctrine protect me if I punch out one of these bastards? Because I would really like to.
Feel free to opine in the comments.
Update: More about that Jesus seminar, from the WSJ Law Blog.
Heath Ledger’s Death Leaves Big Legal Question [THR, ESQ. / Hollywood Reporter]
Anti-Gay Church to Protest Ledger Funeral [ABC News]
What Are They Teaching at NYU Law These Days? [Traditional Notions]
Where Were You When? [Concurring Opinions]
The Passion of the Christ: The Trial of Jesus [NYU School of Law]
(53) Comments
Comments
do you really have to be such a lawyer? his body's still warm...
Rights to Remains:
(1)It could be an issue in some instances, but it isn't here. So why bring it up?
(2) Is this an insurance blog?
(3) Punch a dude and get charged with battery and most likely a civil suit. You may win because of a sympathetic jury or judge, but "fighting words" do not grant immunity to go blasting people in the face.
There. Thread over. How about some real news?
Volokh has had a ton of posts on First Amendment issues relating to Westboro protests. Search their archives. Short answer: Phelps & co. generally stay just on the safe side of the First Amendment, so their protests can't legally be banned. I wouldn't recommend punching them, either.
this post is borderline offensive.
Hmmm....I thought I clicked on the link to a legal blog but instead found myself at People mag.
This is the biggest non story of the past century. Another irresponsible actor ODs, leaving behind a daughter who now does not have a father.
So, 1 and 3 are not issues in this particular case, but just generally have to do with death, and 2 was poached from WSJ Law Blog.
So the purpose of this post is what? So lame. I can't believe I still read this garbage. More bonus info please!
This post is stupid. Also, it's good to know that you are all for the first amendment when people are saying things you support.
I'm leaving my job to go take a seminar on Jesus!
Local authorities should uniformly apply "time, place and manner" restrictions so as to preclude any sort of protests at funeral or religious services. If done properly, would be constitutional.
11:26 - You are easily offended.
11:38 - Huh?
6500 people die each day. Heath Ledger was no more important than the others.
The man died from the shame of having kissed another man on film!
you can't punch the protesters, but you can donkey punch them.
Lat, how about a thread re: bar prep courses, character and fitness apps (and possible issues), bar costs (along with moving, stipends, etc.) covered by firms, post-bar trips, practice area concerns given the markets and economy, associate start dates, etc. 3L's would be interested and junior associates have plenty of useful insights (i.e. such a thread would get you at least as many hits as surveys, real-estate porn, celebrity deaths, or judicial scandals, all of which are of profound importance). To a large share of your readers, the thread would rank third in order of importance (raises/bonuses>layoffs>post-grad/bar/post-bar topics).
I see nothing stupid or offensive about this thread. Most of the comments, on the other hand, are at least one or the other.
Lat, how about a thread re: bar prep courses, character and fitness apps (and possible issues), bar costs (along with moving, stipends, etc.) covered by firms, post-bar trips, practice area concerns given the markets and economy, associate start dates, etc. 3L's would be interested and junior associates have plenty of useful insights (i.e. such a thread would get you at least as many hits as surveys, real-estate porn, celebrity deaths, or judicial scandals, all of which are of profound importance). To a large share of your readers, the thread would rank third in order of importance (raises/bonuses>layoffs>post-grad/bar/post-bar topics).
Gay sex belongs in filthy bathroom stalls, not on movie screens!
12:02 - A lot of those topics have been covered already in recent weeks. Look around in the archives (esp. under Perks and Fringe Benefits / Biglaw Perk Watch).
you can't punch the protesters, but you can donkey punch them.
Regardless of the First Amendment, Phelps and Co. are committing torts against Ledger's family and friends. He just lost a $10.9 million verdict for intentional infliction of emotional distress. Perhaps more people should file these claims.
man, fighting words would be way cooler if it did mean you go around punching people who protest at funerals. so instead it just means that the speech likely to incite the violence isn't protected, and neither is the punching?
Y'know, it's a LITTLE over the top to predict protests at the guy's funeral. But on the other hand, I sure as hell wouldn't mind a misdemeanor charge in exchange for a good, healthy beat-down of Phelps & Co. They're a waste of oxygen.
-- ET!
the only way the body is still warm is if it's been propped up on a sewer vent. I don't know if you've been in a morgue lately, but they tend to be very cold places.
And as for the westboro baptists? Aren't those motherfuckers bankrupt? I think if any of them show up to protest anything ever again, anyone else who is present should be immediately deputized to beat them unconscious and take whatever pocket change they might have to satisfy the judgment against them.
The WBC makes its money off suing those who assault them at funeral protests. That is their business model. Look it up.
ET, I would generally agree with you, but Phelps has already stated that they would protest the funeral. ABC did a story about the would-be protest last night.
Phelps and his ilk are disgusting. Here is a choice quote from the ABC news story, which can be found at http://www.abcnews.go.com/Entertainment/Story?id=4183635&page=2:
"In addition to regularly picketing the deaths of American soldiers killed in Iraq, they have picketed the funeral of little girls killed in a school bus crash because they wanted to link the death of children with 'America's sin.'"
Regarding #1: Actually, theft of body parts by the coroner's office seems to be SOP. I worked on a case many years ago in Pennsylvania where a poor black teenager was shot in the chest at point blank range. An autopsy was required by law, even though the rather obvious cause of death was a big hole in his chest. When the body was returned to the family, the brain had been removed and sent to the University of Pennsylvania for "examination." By first year medical students. A friend of mine who dissected human brains in a U Penn med school class says that one of the students asked where the brains came from. The professor replied, "You don't need to know."
Phelps is disgusting. Google "Phags for Phelps" -- hoping to help spread the word about the Phelps' clan in order to expose bigotry and get everybody in the world to hate them.
Where are the naked autopsy photos of Ledger? still waiting...
Where are the naked autopsy photos of Ledger? still waiting...
Any truth to the rumour that Heath died after having his stomach pumped of almost a full gallon of semen?
I for one would like to protest his funeral for his "Knight's Tale" -- wretched nonsense.
If there was a God, an Olsen twin would die and Heath would still be alive. Alas, Satan rules this earth!
1:18: (a) not like the kid needed the brain. (b) black people's brains are smaller and less useful, therefore an interesting study for med students.
I for one would like a Heath Ledger body part.. ebay gold!!!
I think the evidence points to an obvious conclusion: the massage therapist killed Heath at the behest (constant phone calls) from an Olsen Twin. NYPD needs to get real with the facts and stop this cover-up.
What about the possibility that prescription sleeping or other medication caused his death? Ambien has been mentioned in the press.
I know Ambien was popular at the biglaw I used to work at. (I never had trouble falling asleep. Sometimes I had trouble staying awake.)
Heath was the best actor in a generation, his work will be forever revered.
Ambien is harmless, unless you snort it. Or take it after a cocaine binger. Or combine with a "speedball" (heroin and cocaine). I am pretty sure an Olsen twin killed heath (or at least ordered Massager to do so).
Ambien is harmless, unless you snort it. Or take it after a cocaine binger. Or combine with a "speedball" (heroin and cocaine). I am pretty sure an Olsen twin killed heath (or at least ordered Massager to do so).
Lat -the Westboro "church" is a very very wiered organization run by a disbarred lawyer who spews venom re gays 24/7. He's definitely mentally ill and perhaps deeply closeted himself - but it's a Jim Jones cult like atmosphere sans kool-aid. They've been at it for years, primarily in hometown Topeka Kansas but venturing out occasionally to draw media attention. They're legendary for picketing funerals, weddings, and other public events - e.g., those of Iraq vets etc. A very sick organization
David, I didn't know you permitted people to stem the rose in the comments. You were getting paid to watch these sheep!
Is Westboro Baptist Church one of the most dispicable groups on the face of Earth? Yes.
Should we protect their right to protest and speak, regardless of of offensive their words? Absolutely.
America may continually cut away at its civil liberties with legislation aimed at fighting "terror," but we remain the most free nation in the world when it comes to protecting speech. We have an edge on even the Canadas and Netherlandses of the world because we don't criminalize speech that offends people.
We need to keep it that way.
David, I didn't know you permitted people to stem the rose in the comments. You were getting paid to watch these sheep!
3:41 makes a very good point. I am really tired of the press referring to the Phelps cult as a a "Baptist church" or as "Christian fundamentalists." The so-called church has about 50 members, all of whom are Fred Phelps' family members. They spend nearly 100% of their time as professional funeral protestors. This has little to do with religion and nothing to do with the teachings of Christ.
Yawn.
People like Phelps make me glad I'm a Christian -- I get to rest with the belief that he'll eventually get what's coming to him.
Flippancy aside, I reluctantly agree with 3:50. What if (God forbid) the radical right-wingers gained control of the country and wanted to ban basically any kind of speech that wasn't frighteningly similar to Phelps' brand of bigotry? The reason we have to protect distasteful or even evil speech is because we never know who might be in power and suddenly decide that *our* speech is distasteful or evil.
So instead, let's fight speech with speech. Maybe coordinate a group of locals to meet up with Phelps and crew with a bevy of their own bizarre signs -- photoshop Phelps' face onto the body of the bottom half of a gay couple going at it, that sort of thing. And then just sit down and point and laugh at him and watch him not be able to do a damn thing about it. Free speech, baby.
@ Life: I do know how to quit you
Ledger is Australian so will most likely be buried there. So unless the WBC circus is a traveling one, no protests
as if the fighting words doctrine has anything to do with whether you can punch them!
Not a Heath Ledger fan, and I don't have a whole lot of respect for anyone who kills himself when he has a child to take care of ... but holy shit, 5:36 you are a tool.
any legal issues posed by john gibson's insensitive (major understatement) comments on foxnews?
i'd love to see his smug ass get slapped w/ a lawsuit
Do people really think the fighting words doctrine is a defense to assault?