Miley Cyrus Judge Recused As Racist

Judge Robert Hess, presiding over the racism civil case of teen singer, Miley Cyrus, 16, repeatedly used the term "oriental" that was deemed a slur and was recused by request of the plaintiff, Lucie Kim and her lawyer.

Cyrus, has been sued for a photograph released to the internet, showing her using her hands to squint her eyes, in a gesture that was interpreted as making fun of Asian people.

The judge did seem quite unsympathetic to the insensitivity of the photograph, clearly having made up his mind about the case from the start. The judge contends Miley Cyrus is a minor and is not a corporation, thus, he cannot award the plaintiff class action status, which would produce greater damages and be more representative of the ethnic group that has been offended.

Technically, Miley Cyrus can be considered a corporation, due to her work in music and television. Her career earnings are funneled through corporate entities set up on her behalf. It is also difficult to sue a minor. Therefore, the plaintiffs would have to sue her parents.

Due to freedom of speech and freedom of thought, rights that are protected in America, it is very difficult to win such a case. You would have a better chance in London.

Yes, Miley's conduct is offensive to Asians and is inappropriate, but due to the non-violent, non-threatening nature of it, to get it classified as litigable in a U.S. court, is improbable. 

Asian Suing Miley Delivers Kung Pow to Judge

Posted Jun 12th 2009 8:25PM - So you're suing Miley Cyrus, claiming she defamed 1,000,000 Asian Pacific Islanders in L.A. County by taking a picture while making squinty eyes ... so how do you gain favor with the judge -- call him a racist.

Lucie Kim and her lawyer, Henry Lee (not the OJ Simpson forensics dude Henry Lee) claim the judge crossed the line in a hearing last week by repeatedly referring to Asians as "oriental." They say the word "oriental" is "an offensive, derogatory racial insult to persons of Asians descent ... akin to using the word N---er.

Kim and Lee want Judge Robert Hess to remove himself from the case.

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