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Morals Clause in Spotlight in Smiley/PBS Litigation
A lawsuit involving the Public Broadcasting Service and former TV host Tavis Smiley has created the kind of drama that would make the cast of Downton Abbey blush. This is because the litigation centers on an alleged breach of the "morals clause" included in the agreement that gave rise to the Tavis Smiley talk show, which PBS used to air nightly beginning in 2004. TS Media Inc. v. Public Broadcasting Service, 2018 CA 001247 B. While the case has proceeded to trial (still in progress when this article was published), a judicial ruling several weeks prior, relating to the interpretation of that morals clause provided some very useful lessons — but first, a bit of background.
Through his company TS Media, Smiley initially contracted with PBS in 2002 to produce and distribute the program. That agreement was renegotiated and extended each November thereafter — and for the last time in 2017, which contemplated production and distribution of the talk show for its 15th season, commencing in 2018.
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