"Company (CBS Radio) acknowledges that Artist's (Imus') services to be rendered hereunder are of a unique, extraordinary, irreverent, intellectual, topical, controversial and personal character and that programs of the same general type and nature containing these components are desired by Company and are consistent with Company rules and policies."
Toobin said the legal issues in the Imus case are simple: "Did Imus breach his contract by saying what he did about the Rutgers basketball team?".....
"What stands out in the contract is he is supposed to be controversial and irreverent. That's what his statement about the Rutgers basketball team was," Toobin said.
"How is CBS going to argue that what he said was so controversial and so offensive that it isn't what they asked for in the contract?"
The contract does provide that CBS Radio may terminate the agreement for "just cause."
According to the document, this includes "on-air mention whatsoever by Artist (Imus) of company's officers or directors. Such limitation shall not preclude references to members of station management, so long as such references are not overtly inflammatory or malicious."
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