【WeiDB特别报道】起诉ABC不当节目终上米国“主流媒体”，华人社区再获鼓励
anonymous-114 02/11 8245
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2013年10月16日ABC不当节目公开之后，广大在美华人群情激愤，在当月19号开始白宫联署之后，举行了若干次大型抗议活动。但广大华人都相当清楚，如果只有抗议，而无法律上的应对措施，难保将来类似事件重演，也许不是在ABC，是在BBC, CBC。如何在法律上应对，是广大抗议者们思考的问题。在此期间，加州律师刘龙珠主动请缨，给大家提供了一个机会。
刘律师请缨之后，新泽西的曹国良先生加入到起诉人行列。在经过漫长的等待之后，美国的主流媒体之一USAToday终于报道了这次法律诉讼，标题是：No joke: Man sues Kimmel, ABC over death remark（不要开玩笑：就杀人言论起诉Kimmel，ABC）。
新闻报道中再次重述了当时的节目内容，强调了大家的胜利果实，强调了ABC不得不撤下相关节目的做法，强调了白宫不得不回应的情况。
虽然就法律起诉方面，争议和顾虑甚多，但编者认为，无论胜负，只要我们的呼声能够上主流媒体就可以。法律属于技术层面，而民心远比某一个case影响深远。我们更重要的是要让更广大的米国人民听到华人的声音。
前路漫漫，华人争取合法合理的平等地位任重道远。前阵休斯敦华人不幸全家遇难；最近纽约以白人华人太多为理由要取消尖子班；而加州更是提出法案，要求以种族人口比例分配大学学位，给广大勤奋上进的华人学子带来了沉重打击。美国黑人人权领袖马丁路德金五十年前曾说，我希望我的四个孩子，将来会生活在一个这样的国度，他们被以内在品质而不再是肤色来评判。然而，如今美国要走向什么样的道路，令人深思。但无论如何，华人必须为自己合理合法的权益而奋斗！美国如果是一个进步国家，它绝不应该以种族来区别对待任何一个人。
USAToday报道链接为：http://www.usatoday.com/story/news/nation/2014/02/11/jimmel-kimmel-china-joke-lawsuit/5388033/.html
USAToday报道原文如下：
No joke: Man sues Kimmel, ABC over death remark
China-born New Jersey resident says he suffers emotional distress since skit aired.
NEW BRUNSWICK — It's not every day that a late-night talk show host's joke becomes a matter of international relations — or the subject of a lawsuit.
But an Edison, N.J., man is taking ABC host Jimmy Kimmel and the network's parent company, Disney, to court over a skit in which a 6-year-old boy suggested killing everyone in China as a solution to the U.S. debt problem.
The Oct. 16 segment led China's Foreign Ministry to demand an apology, which the network and Kimmel did at least three times. Even the White House weighed in, condemning the segment but defending freedom of speech, after more than 100,000 people signed an online petition asking for "Jimmy Kimmel Live!" to be taken off the air.
Although ABC pulled the plug on any future "Kids' Table" segments on the show, the offending joke continues to be a problem for the company.
Cao Guoliang, who was born in China, filed a complaint in December in Superior Court in New Brunswick alleging negligence and infliction of emotional distress.
Cao's complaint says that he "was deeply shocked, offended, and outraged at the comment to kill all everyone in China since that is his home country and Jimmy Kimmel failed to suppress such a hateful and offensive remark."
The complaint says ABC "should have understood the distress the exchange about killing everyone in China would have on persons of Chinese descent and edited it out."
Kimmel "further victimized persons ... by saying that he would not have made such comments towards African Americans."
As a result of the segment, Cao says he "suffers substantial and enduring emotional distress including, but not limited to, nervousness, anxiety and loss of sense of self-worth. "
He is suing for unspecified damages, including for mental and emotional distress, medical and related expenses, punitive damages and legal fees.
A spokeswoman for ABC referred questions to a show publicist, who did not immediately return a request for comment Monday.
This is not the first time that a late-night show landed in court.
In 2012, Jay Leno and NBC faced a libel complaint after a skit on "The Tonight Show" used an image of a Sikh temple to represent presidential candidate Mitt Romney's summer vacation home.
Leno was hit with another lawsuit last year — by a woman who said the show wrongly accused her of bestiality after the host joked about a news report in which the former flight attendant was accused of smuggling rats in her underwear.
Also last year, Donald Trump sued the host of HBO's "Real Time with Bill Maher" for $5 million after Maher failed to make good on a joke that he would pay the sum if Trump could prove that he was not the son of an orangutan.
Cao is represented by Long Zhu Liu, a California attorney who is being allowed to work this case in New Jersey because of his "degree of knowledge of race relations involving the Chinese population," according to an affidavit.
