Law Profs Blog has an article on a case before the California Supreme Court regarding harassment by the scriptwriters for the TV comedy, "Friends." It seems that they were lewd, crude and out of control; behavior that some automatically associate with scriptwriters.
I think their position would be easier to defend if any of the wild comments ever made it into a script but that does not appear to be the case.
If obscene comments are found to be a natural part of the creative process, this could strengthen similar defenses in other areas. Cops and firefighters have to let off steam. Emergency room doctors and nurses face enormous tension.
Can they argue that their work environments are so intense that a much lower standard should be applied? That argument has been made in the past with mixed results.
This will be a case to watch.
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