Sexton v. Apple Studios LLC, 110 Cal. App. 5th 183 (2025)

In early 2022, Apple Studios LLC conditionally offered actor Brent Sexton the role of U.S. President Andrew Johnson in its production of “Manhunt,” a limited streaming series about the hunt for John Wilkes Booth following the assassination of Abraham Lincoln.  One of the conditions for Sexton’s casting was that he be fully vaccinated in compliance with Apple’s mandatory on-set vaccination policy.  Sexton refused to get vaccinated, seeking an exemption on medical grounds.  After considering Sexton’s request, Apple ultimately decided that an unvaccinated actor could not safely be accommodated on set and withdrew Sexton’s offer.  Sexton sued Apple for disability discrimination and related claims.

In response, Apple filed a motion to strike Sexton’s complaint under California’s anti-Strategic Lawsuit Against Public Participation (“anti-SLAPP”) law.  The trial court denied Apple’s motion, but the Court of Appeal reversed, holding that: (1) Apple’s decision not to cast Sexton was in fact “protected expressive conduct” under the First Amendment; and (2) Sexton’s claims lacked merit because, by remaining unvaccinated, he failed to meet the “safety” qualification required for the job he sought.

The Court concluded that Apple’s decision not to cast Sexton furthered free speech in two ways.  First, the choice of how to portray Andrew Johnson — a controversial and important historical figure — was a creative endeavor in and of itself, with the selection of different actors “contribut[ing] to the public issue of how contemporary viewers might conceive of Johnson.”  Second, by making vaccination mandatory on the “Manhunt” set, “Apple took a stand” on the ongoing public debate about vaccination policy.  In addition to finding Apple’s actions to be protected as expressive conduct, the Court also concluded that Sexton’s discrimination claims failed on the merits.  A key element for a meritorious employment discrimination claim is that the plaintiff show that he or she is qualified for the position.  Here, the Court found that, because Sexton was unvaccinated, he was not qualified for the job he sought.