Don Imus to Sue CBS Radio for $120 Million

Former Westwood syndicated air talent and WFAN-AM/New York morning man Don Imus is going to sue CBS for $120 million, according to a draft copy of the complaint obtained by ABC News' Law & Justice Unit. The draft of suit, expected to be filed next week, says that the network expected him to be controversial and irreverent under the terms of his contract. And it claims Imus's show was on a 5-second delay that allowed the network to censor him if they wanted.

The draft points out that Imus wasn't fired for two weeks after the remarks were made, and that he did not violate FCC rules when he made racist and sexist remarks about the Rutgers women's basketball team. Meanwhile, four former FCC commissioners contacted by ABC News say they do not believe that the speech was actionable under current federal guidelines.

In a statement released by CBS in response to news stories about the impending lawsuit, CBS said that "We terminated Mr. Imus for cause. Based on the comments in question and relevant contract terms, we believe that the termination was appropriate and CBS would expect to prevail in any attempt by Mr. Imus to recover money for his actions."

The network is expected to rely on a clause in the radio talk show host's contract that says he can be terminated for 'just cause' if CBS determines that he used "distasteful or offensive words or phrases, the broadcast of which [CBS] believes would not be in the public interest or may jeopardize [the network's] Federal license to operate..."

But Imus has hired Martin Garbus, a New York-based attorney and a well-known First Amendment lawyer, who has successfully defended hundreds of high profile cases, said CBS still breached Imus' contract when the company fired him. He cited a section of his client's contract today that says Imus' "services to be rendered & are of a unique, extraordinary, irreverent, intellectual, topical, controversial and personal character & and & these components are desired by company and are consistent with company rules and policies."

While the lawsuit focuses on the contract, hovering above the dispute is the question of whether Imus's comments put the network in jeopardy with the FCC gotten exactly what it had bargained for. "The issue is one more of extremely poor judgment than it is an FCC issue," said former commissioner Harold Furtchgott-Roth. "That's what Imus' schtick has been for years."

Former FCC commissioner Kathleen Abernathy said Imus' comments were "definitely in bad taste and inappropriate language." "But in order to prohibit such language, it has to rise to the level of being legally profane, and I do not think that it rises to that level because of our legal history of protecting free speech," she added.

Imus' contract also stipulated that he must be given a warning before being fired for stepping over the line. Garbus says Imus wasn't warned. (05-04-07)