11:39 p.m. August 8, 2013

Gagging Weinstein

Ray Pistol calls me at midnight. He sounds like a man who's had his fill of lawyers. As a lawyer myself, I’m frankly amazed he’s willing to go another round.

Hours earlier, a New York judge had refused to grant his injunction against Harvey Weinstein to halt the release of the movie “Lovelace”. The judge -- an 83-year old veteran of the bench, first appointed by Nixon -- was concerned that blocking the Deep Throat biopic would fall afoul of the First Amendment.

Photographers have been camped outside Pistol’s house all day. They even ambushed Pistol’s son when he returned from the store with his mother, Treasure. Freaked out, Treasure texted me: “There are actually paparazzi outside our house yelling ‘is that Ray Pistol's son?’ snap snap snap….it was creepy.”

The movie is due to hit iTunes in less than 24 hours. Pistol, a former combat marine who served in Vietnam, and who bought the rights to Deep Throat from the mob -- has a decision to make: to appeal the ruling, and wage war directly on iTunes and other distribution platforms, or to accept Weinstein’s victory.

To keep fighting, or -- for the first time in his life -- to back down.

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