“Ultimately, the judge disagreed and decided that in general, casting is protected by the First Amendment, and that means that even if the plaintiffs were right that the show was in fact outright refusing to cast people of color… its right to do that would be protected from interference.
The judge is just saying that even if these guys are entirely right that they’re being excluded based on race, they can’t win. What ABC successfully argued in this case (which could be appealed, by the way) is that it has a First Amendment right to exclude people of color as a creative decision in the process of casting shows. The judge isn’t saying it happened and ABC isn’t admitting it happened, but the judge is agreeing with ABC that even if it happened, it’s not illegal, and that’s why the case was dismissed.

