from www.cincinnati.com – Hustler publisher Larry Flynt, who has exposed the embarrassing secrets of celebrities for years, will ask a judge Thursday to keep some of his own statements secret because he fears he’ll be embarrassed if they become public.
The request is part of Flynt’s ongoing legal battle with his younger brother, Jimmy Flynt, who was fired by Larry and now is suing him in Hamilton County Common Pleas Court.
Larry Flynt’s lawyers want Judge Steven Martin to bar the public from seeing any sworn statements, or depositions, he makes prior to a trial because they believe those statements could end up on the Internet, where they might lead to “annoyance” or “embarrassment.”
Jimmy Flynt’s lawyers say the request for secrecy is hypocritical coming from a “self-proclaimed First Amendment champion” who has published embarrassing articles about politicians and photos of naked celebrities.
“It is truly ironic,” Bob Hojnoski, Jimmy Flynt’s attorney, wrote in a court brief filed Wednesday. “Essentially, Flynt is requesting special treatment from this court because he is famous.”
Martin will hear arguments from both sides Thursday before deciding whether to grant the elder Flynt’s request for a protective order, which would prevent public disclosure.
The Flynts’ attorneys could not be reached Wednesday, but court filings state that Larry Flynt’s concerns are based on his experiences in past court battles.
His lawyer, Mark VanderLaan, argued in a memorandum that transcripts and video clips from previous depositions have been “disseminated via the Internet for the purpose of annoying, embarrassing, or harassing Flynt.”
He said a protective order should apply to statements by Flynt and Michael J. Cummings, an executive with his company.
“The threat is real,” VanderLaan wrote. “Defendants have a legitimate concern over the publication and misuse of the depositions.”
Hojnoski said the law allows protective orders only when absolutely necessary, such as when disclosure would inflict real harm on a person’s reputation or business. He said that’s not true in Flynt’s case.
“Larry Flynt is well accustomed to the spotlight,” Hojnoski wrote in his brief. “There is no reason to limit his public exposure solely in this lawsuit when he as spent years in the public eye.”