Stein v. Kyocera Mita America, Inc.

A California state court partially dismissed a lawsuit brought by the actor Ben Stein, who alleged that a Japanese company breached a contract concerning a series of commercials Stein had contracted to do because of his belief that human activity plays no role in climate change. The court dismissed the breach of contract and related claims, holding that there was insufficient evidence that Stein had conclusively entered into an agreement with the company. The court also said that the defendant had acted in furtherance of its exercise of its constitutional right to free speech on the public issue of global warming. However, the court allowed his claim for publicity rights misappropriation to go forward. The actor claims that after withdrawing his offer, the company hired an actor that looks like him to appear in the commercial in question.