Don Imus Prepares to Sue CBS for Breach of Contract

Don Imus may get the last laugh, because the contract he signed with CBS may have encouraged the behavior he was fired for. So much for CBS executives taking personal responsibility.

In Imus’ multi-year contract with CBS Radio, seen by CNN’s Jeffrey Toobin, the shock jock was told by his employer to be "irreverent" and "controversial. " CBS fired Imus for his "nappy-headed hos" comment. The question for a jury: Did Imus give CBS exactly what they wanted?

Imus is still owed $40 mil on the five-year deal. CBS is clearly in a bind, because not only does the contract require Imus to be "irreverent" and "controversial," but the document says those qualities are "desired by Company" and "consistent with Company rules and policies."

The FCC so far has said nothing Imus said violated their air wave decency rules. If Imus had violated those rules, Rosie would have been fined long ago, and stations playing vulgar Rap, Hip-Hop, and R&B lyrics would also have been fined. It appears Imus may have been within his constitutional first amendment rights (freedom of speech).

The fired shock jock has lawyered up with one of the country’s top trial attorneys, Martin Garbus, who says that Imus plans to file a wrongful breach of contract suit against CBS.