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Earlier this year, the UniverSoul Circus filed a lawsuit against Russell Simmons and PETA after they urged the circus, first privately and then publicly, to cancel its plans to host Nosey, a suffering elephant exhibited by alleged animal abuser Hugo Liebel.

Last Friday afternoon, a Fulton County Superior Court judge in Atlanta dismissed UniverSoul’s complaint.

The court held that because UniverSoul’s complaint challenged actions protected by the First Amendment, UniverSoul was required to certify that the complaint was not filed for any improper purpose, such as to suppress free-speech rights. UniverSoul failed to do so, and it was on this basis that the court dismissed UniverSoul’s complaint with prejudice.

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