Controversial Talk Show Host Tom Leykis bluntly told a caller that he was too old to be a caller. Specifically, Leykis said: “You’re not just older than my demographic, you’re the grandfather of my demographic.” You can read the entire transcript of the call at this June 19, 2005 post at LawLimits.com.

The caller, Marty Ingels, was upset and naturally filed a lawsuit alleging, among other things, violations of California’s laws prohibiting discrimination. In response, the radio show filed an an anti-SLAPP motion to obtain a quick dismissal of the lawsuit on First Amendment grounds. The trial court granted the motion to strike and Ingels, the caller, appealed. The Court of Appeal upheld the trial court’s ruling.

Tomorrow’s edition of Calendar Live continues the saga. Ingels is now petitioning the California Supreme Court to reinstate the lawsuit and plans to take the case to the U.S. Supreme Court if the California high court fails to take action.

Overlawyered previously reported about the case on June 10, 2005. (“Not too old to sue Tom Leykis”, Robert W. Welkos, Los Angeles Times – Calendar Live, July 6, 2005.)