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Judge refuses to remove 'Innocence of Muslims' clip from YouTube

September 20, 2012 |  9:41 am

Actress Cindy Lee GarciaThis post has been corrected, as indicated below.

A Los Angeles County judge on Thursday refused to grant an emergency request by an actress who starred in “Innocence of Muslims” to have footage of the film pulled from YouTube.

Superior Court Judge Luis Lanvin said Cindy Lee Garcia had not demonstrated "a likelihood to prevail on the merits" of her request. Attorneys for Google, which owns YouTube, had opposed pulling the video clip, but Garcia's attorney  said she would continue to seek having it removed.

Garcia sued the film’s producer and YouTube, claiming that clips from the controversial anti-Islam movie have led to death threats against her.

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In a complaint alleging fraud, slander and intentional infliction of emotional distress, filed Wednesday in Los Angeles Superior Court, the actress said that after scenes from “Innocence of Muslims”  posted on YouTube sparked Middle East protests early last week, she was subjected to “credible death threats” and was no longer permitted to provide child care for her grandchildren.

M. Cris Armenta, the lawyer representing Garcia in the matter, had said the case "is not a 1st Amendment issue. This is an invasion of privacy issue.”

Garcia said in her legal action that she was tricked into working in the film. Filmmaker Sam Bacile (the name appears to be a pseudonym for Nakoula Basseley Nakoula) allegedly told Garcia that he was making a movie called “Desert Warrior” that was “an adventure film ... about ancient Egyptians” and that there would be neither “references made to religion" or sexual content.

[For the Record, 8:33 p.m. Sept. 24: A previous version of this post stated that the prophet Muhammad appears to perform oral sex on Cindy Lee Garcia's character in the film "Innocence of Muslims." The scene involves another character. Garcia's character is a woman who accuses Muhammad of being a child molester. The Times regrets the error.]

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The YouTube clips show one scene in which the prophet Muhammad appears to perform oral sex on another character.

After the clips began circulating, the lawsuit said, Garcia was informed that "she was no longer permitted to see her grandchildren, whom she babysat regularly." Furthermore, the complaint said, Garcia “was fired from her job as a direct result of the film, in as much as she is now considered a target and the safety of those in her presence cannot be guaranteed.” Armenta said Garcia works as an actor and in child care.

The lawyer said Garcia “wants to clear her name, get the content taken down and let the world know that she did not consent to have her image used in this way.”

Clips from the film have triggered violent anti-American protests across the Muslim world and led to more than 17 deaths, including the U.S. ambassador to Libya. This week, rioting spread to Australia and Pakistan.

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-- Harriet Ryan

Photo: Actress Cindy Lee Garcia is suing the producer of "Innocence of Muslims" and YouTube.

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