This is an archived page from 2020. Find out more
We first reported on this case back in March of 2019 when the estate of John McLemore filed a lawsuit against Serial Productions. McLemore was the subject of the wildly popular podcast S-Town.
The host and producer of S-Town Brian Reed was contacted by McLemore in 2012. McLemore claimed there was an unsolved murder in Woodstock, Alabama and he wanted to tell Reed all the details. 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, AL 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.
McLemore’s estate claimed the podcast violated 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 death.
Serial Productions tried to have the lawsuit dismissed based on the First Amendment claiming the show was a work of journalism. A judge denied that request in January of this year and the case was sent to mediation.
Variety reports that S-Town producers and McLemore’s estate have settled the lawsuit by mutual agreement. Neither side was willing to admit if any money changed hands in the settlement.,