The ‘Business’ of Miley Cyrus

Miley Cyrus has been sued over a photo that was leaked onto the Web.

Lucie Kim has filed the suit as a representative of the class of Asians. Kim says Asians were insulted by the photo because Miley, Miley’s boyfriend Justin Gaston and some friends posed in an offensive way, tugging at their eyes to make them appear slanted.

Kim alleged that members of the class of Asians had been seriously damaged, and she called the photo “racist.” The lawsuit seeks $4 billion from Cyrus and the other defendants.

Robert Hess is the Los Angeles judge assigned to the case. He has expressed doubts that the class action lawsuit brought against the tween queen can be allowed under the law.

The judge acknowledged that Cyrus’s conduct was “immature” and “childish” and that “some people may consider it grossly offensive” but also cited the fact that Miley is a minor, and focused on the problems with class certification.

Judge Hess gave the plaintiff’s camp 10 days to file a motion establishing that Cyrus falls under the Unruh Civil Rights Act of California, which outlaws discrimination but applies only to businesses.

The central legal question at an upcoming hearing is whether Miley, the individual, can be considered a business.

{snip}