‘Storage Wars’ Lawsuit: Partial Win for A&E, Judge Dismisses David Hester Claims Of Manipulation

It is a warzone in the storage fields. Judge Michael Johnson gave a nod to A&E Tuesday when he threw out a former "Storage Wars" star's claim of unfair business practices and dismissed his wrongful termination accusation for not being specific enough.

Hester was fired last December and filed a lawsuit against A&E arguing that the show committed "interference and manipulation of the outcomes of the auctions shown" and made him appear less skillful than his competitors.

Hester, a professional buyer of abandoned storage lockers who fought over their content with others, argued that A&E "influenced, prearranged and predetermined outcomes" and "salted" storage units, meaning that the producers fill the units on purpose with interesting stuff. Hester claims that he refused to salt his units, making him look less competent.

A&E replied with an anti-SLAPP (strategic lawsuit against public participation) motion to this claim. Judge Johnson took the network's side, explaining that "Storage Wars" is expressive speech and is protected under the First Amendment. Unfair competition only relates to commercial speech.

Johnson said he could not rule what A&E could or could not program on their network.

The "Storage Wars" saga has spurred a heated debate over whether reality TV has the right to be fake. And even if they are, does that stop them from being enjoyable? Salon makes an interesting point arguing that, no matter how "real" shows look, viewers always know they are "a little bogus" -- but have a good time watching them nonetheless.