Steven Tyler is claiming free speech in his latest attempt to thwart the lawsuit brought by the woman accusing him of sexual assault in the ’70s.
According to legal documents obtained by People, Tyler is arguing that the woman, Julia Misley, who was previously known as Julia Holcolmb, can’t claim his 2011 memoir, Does This Noise In My Head Bother You?, caused her “emotional distress” because she isn’t identified in the book. Plus, he contends, his writings constitute free speech.
The documents note, “Tyler’s statements in his memoirs, including his statements about his relationship with Plaintiff, thus concern a matter of public interest and qualify as protected activity.”
The Aerosmith frontman’s also claiming that since the book was released in 2011, Misley waited too long to file her claim and the statute of limitations has already passed.
The documents, filed Friday in Los Angeles Superior Court, also argue that Tyler’s writings “do not qualify as outrageous conduct that was intended to cause emotional distress,” stating the contents of the book “relay his own experiences from his newsworthy life.”
He suggests Misley can’t prove that she actually “experienced severe emotional distress” from the book, aruging that if she had she wouldn’t have been able to talk about their relationship “for over decade.” He points out that in her professional speaker bio she refers to herself as his “former girlfriend.”
Misley filed her lawsuit back in December, accusing Tyler of sexual assault, assault and battery, and intentional infliction of emotional distress.
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