‘The Bachelor’ lawsuit: ABC uses the Constitution to defend casting

If you have a problem with the casting for “The Bachelor,” then you should take it up with the Constitution. This is at least the argument that attorneys for the ABC show are using in a new motion that they just filed in court in the case of Nathaniel Claybrooks and Christopher Johnson — two African-American men who are claiming that they were discriminated against in their attempt to star on the show.

The primary crux of ABC’s argument is simple, and not really worth the multiple pages of the motion — the Constitution guarantees freedom, and they have the right at the end of the day to cast whoever they want on a reality TV show. They obviously are trying to differentiate between the creative process of television and the business — where people are paid to provide a service (in entertainment). Unfortunately for Claybrooks and Johnson, they will have a hard time using money to support their case since “The Bachelor” is not a show focused on a cash prize. (It has never been disclosed how much money contestants receive for appearing on the show — though the series star, such as Emily or Ben Flajnik, is paid a healthy sum.)

The network does still do its best to proclaim that its celebrates diversity in all forms, using “Grey’s Anatomy” and “Modern Family” as examples of casts with characters of different races and sexual orientations. “The Bachelorette” also had a Hispanic contestant this season along with an African-American, even though they have both been eliminated already by Emily Maynard.

This is going to be an interesting case to follow, primarily in that the judge is going to have to determine whether or not executive producer Mike Fleiss and the show are allowed to cast the people they want regardless of ethnic diversity. Should “The Bachelor” be more responsible in presenting a fuller scope of America? Definitely, but as we’ve said all along it is going to be hard for the plaintiffs in this case to have tangible evidence that shows that they are entitled something because the network did not want to use them. The only thing they may accomplish is raising awareness for an unfortunate issue most fans of the show are already aware of.

What’s your take on this case? Be sure to share below, and check out the rest of our “Bachelor” and “Bachelorette” coverage.

Photo: ABC

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