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Leno v. Jackson
Jay Leno is fighting Michael Jackson for the right to be funny.
The squabble, currently couched in much legalese, boils down to this: Leno wants the judge in Jackson's child-molestation trial to give him the go-ahead to tell Jackson jokes; Jackson wants the judge to tell Leno to zip it.
Leno has been subpoenaed by the defense in the Jackson case to testify about his dealings with the accuser's family. When Team Jackson served the Tonight Show host with the subpoena on Feb. 17, they also served him with a copy of the gag order that has kept all participants in the case off the talk-show circuit.
Leno's lawyers petitioned the court on Feb. 18 for an exemption to the gag order. Jackson's lawyers fired back on Mar. 4, asking Superior Court Judge Rodney S. Melville to deny Leno's motion.
While Leno is "usually, a generally funny man," and while Jackson "might be a convenient source of material," the filing said, the singer's trial "is hardly crucial commentary on important political or social topics."
Our Gavel to Gavel CoverageGet the latest from the courthouse.
See highlights and bonus footage from E!'s reenactments.
Team Leno begs to differ.
In yet another filing on Wednesday, Leno's camp argued that his Tonight Show monologue is under no obligation to cover only "crucial" or "important" topics.
"It is simply false that Mr. Leno's use of humor to engage in social commentary is somehow less valuable and worthy of First Amendment protection," the motion said.
No joking matter, Judge Melville is expected to rule on Friday whether Leno should be held to the gag order.
In the interim, Leno has been passing off Jackson joke-telling duties to Tonight guests, including Roseanne, Dennis Miller and Brad Garrett. The way Leno has explained it, the gag order prevents him from cracking, not writing, one-liners.
So far, his audience hasn't been barred from laughing at them.
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