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Storytellers should keep an eye on this one. A judge has ruled that the estate of John McLemore can proceed with a lawsuit filed against Serial Productions, the company that produced S-Town. McLemore was the subject of the 2017 podcast that has over 80 million downloads.
Serial Productions tried to have the lawsuit dismissed based on the First Amendment claiming the show was a work of journalism. U.S District Court Judge Scott Coogler denied that request.
McLemore’s estate claims the podcast violates the state of Alabama’s right of publicity, which makes it illegal to use someone’s name and image without their consent for up to 55 years after their death.
The host and producer of S-Town Brian Reed was contacted by McLemore who claimed there was an unsolved murder in Woodstock, Alabama. Reed found that claim to be untrue and the podcast turned into a show about McLemore’s fascinating life.
McLemore killed himself in 2015 by drinking cyanide as Reed was working on the podcast. That’s reported early on in the series. Reed finds out during a recorded phone call played back during the podcast. Reed researched and reported on Mclemore’s life in Bibb County and finds out that McLemore was gay and had mental health issues. Apparently McLemore had asked that those two issues be kept off the podcast and now McLemore’s estate is asking for profits from the podcast and compensatory damages.
S-Town has also been optioned for a film adaptation.
AL.com was first to report on the judge’s decision.
Listen to the series HERE.