Bravo Lawyers Cite First Amendment Grounds In Real Housewives Lawsuit

2024 has been a trying year for Bravo and Andy Cohen for a multitude of reasons, one of which is former Real Housewives Of New York personality Leah McSweeney's lawsuit against the network.

Back in February, Leah filed suit against Bravo, NBCUniversal, and Andy, and in an Instagram post about the suit, Leah said she never thought she'd tell her story, and that she was "petrified to speak on it and was warned not to."

Editor’s note: This article contains mentions of substance abuse disorders, drug addiction, opiates, or other related topics that may be triggering to some readers. If you or someone you know is struggling with addiction or drug abuse disorder, please visit SAMHSA.gov.

Leah's suit alleges, among other things, that producers were aware of her sobriety, and coerced her to drink anyway.

She wrote:

"The reckless and diabolical way in which the people at the top drool over the mishaps and misfortunes of the women including myself are disturbing.

"It’s a workplace culture where toxicity, alcoholism and pain are not only expected but encouraged and facilitated. That is something I most definitely did not sign up for nor would I ever endorse."

Incidentally, in late October, Vice aired their Real Housewives entry in a broader series, Dark Side Of Reality TV, which we covered on October 31.

In our coverage, we referenced the so-called "Reality Reckoning," a contemporaneous discussion of production practices common with respect to reality TV, and one championed by former "housewife" Bethenny Frankel.

However, another aspect of the Real Housewives episode involved an anecdote from another former RHONY star, Aviva Drescher, and it seemed to lend credence to Leah's allegations about coercion and alcohol:

"Former Real Housewives Of New York star Aviva Drescher was on the show for two seasons, and recounted a time when she was required to film a scene with Ramona Singer, and Aviva happened to be on a course of antibiotics at the time.

"Alcohol consumption is often discouraged alongside antibiotics, and Aviva asked if she could substitute vodka with water; she says she 'was forced to drink' when her request was denied, an assertion the network disputes."

As for Andy, rumors in May suggested his position at Bravo was in jeopardy due to the allegations, and in June, we reported that fears of being canceled were keeping Andy awake at night.

Bravo has argued the suit ought to be dismissed, which they did again in court on Thursday (November 14).

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Andy Cohen And Bravo's Disturbing Allegations Launched By The Real Housewives Cast, Explained

Andy Cohen, known for producing Bravo's Real Housewives, has faced controversies and allegations, including accusations of sexual harassment from Brandi Glanville and claims of fostering a toxic work environment by Leah McSweeney. Glanville accused Cohen of sending an inappropriate video, which he dismissed as a joke but later apologized for. McSweeney's lawsuit alleged Cohen encouraged substance abuse among Real Housewives stars and provided preferential treatment to those using drugs. Despite these issues, Cohen remains employed by Bravo, with no updates on potential settlements or his employment status.

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Bravo's Attorneys Cited The First Amendment

Andy Cohen looking off camera on WWHL — Andy Cohen on WWHL

Attorneys on both sides, Leah's and Bravo's, appeared in court on Thursday for a scheduled hearing in the suit.

As indicated above, much of the hearing involved the First Amendment to the Constitution of the United States, which holds:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Often cited on social media and notoriously misunderstood, the First Amendment is typically described in terms of "free speech," but it more broadly protects Americans' freedom of expression, and in particular, it enjoins the federal government from curbing most forms of expression, as well as from establishing an official religion.

An example of "expression" commonly considered controversial is the practice of burning a flag in protest, and it is not "speech" per se — debates on the subject are considered First Amendment-related, and flag burning is protected under its provisions.

A similarly common example of reasonably impermissible speech is "shouting 'fire' in a crowded theater," and that analogy involves the presumption no fire exists; as such, "shouting 'fire' in a crowded theater" is an example of speech or expression existing for the express purpose of inciting chaos and possibly harm.

Presiding Judge Lewis Liman is a federal judge in the Southern District of New York, and as such, is ruling on behalf of the government — with the potential to, arguably, curb Bravo's "free speech."

Per Courthouse News Service, Judge Liman mulled whether applying specific protections afforded under the Americans With Disabilities Act (ADA) would serve as a "death knell" for the franchise, and the outlet reported:

"'Isn’t there a First Amendment protection even if that message is odious for someone to want to convey it?' [Judge Liman] asked.

"During oral arguments on Thursday afternoon, Bravo’s Los Angeles-based attorney Adam Levin repeatedly said that McSweeney’s discrimination claims were 'wrecked on the shoals of the First Amendment.'

"Levin also argued that there are no grounds for McSweeney’s retaliation claims because there was no adverse employment action taken by the network. 'She wasn’t denied a job — she wasn’t fired from a job,' he said."

Levin also argued that with reality TV specifically, "you can't separate the person from the speech," presumably due to the unscripted nature of Real Housewives franchises.

Leah's attorney Sarah Matz countered that "preying on people who have disabilities ... just for the sake of making a profit" did not count as "protected speech" under the First Amendment, adding: "We’re not actually talking about speech, we’re talking about conduct."

Limon didn't issue a ruling on Thursday, though Bravo is still arguing the suit should be dismissed.