David Hester loses the first round against former employer A&E

David Hester, who filed a lawsuit that claims A&E’s Storage Wars is rigged, was delivered a blow to his case against his former employer on Tuesday when Judge Michael Johnson refused to issue an injunction on the show.

"It is well settled that television broadcast involves free speech, as well as production activities that advance or assist in the creation of a television program," the judge said.

According to the L.A. Superior Court judge, interfering with the show’s production would effectually be a violation of A&E’s First Amendment rights. He has also dismissed Hester’s charge of unfair business practices, according to TheWrap.com.

Hester filed his lawsuit against A&E back in December, claiming that he was wrongfully terminated from his position on Storage Wars. He alleged that he was fired for having blown the whistle on the show’s tendency to rig shows by planting rare finds and collector's items inside the storage units for ratings. Hester is seeking $750,000 in damages.

A&E responded to Hester’s claims in January. The network claimed that their former employee was distracting from the bigger issues, which include other disagreements between the parties.

While Hester clearly lost the battle yesterday, decisions have yet to be made on his other charges against A&E: wrongful termination, breach of contract and breach of the implied covenant of good faith.

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