"Mr. Leno is an accomplished entertainer and, usually, a genuinely funny man," Jackson's attorneys wrote in a court filing. "However, while the prosecution of Michael Jackson might be a convenient source of material, it is hardly crucial commentary on important political or social topics."
Leno has been subpoenaed by the defense as a witness in the case. Santa Barbara Superior Court Judge Rodney Melville has placed a gag order on all participants, including Jackson, lawyers and witnesses, in an effort to contain media attention.
Jackson's lawyers argued that the gag order is necessary to protect Jackson's right to a fair trial and that it should apply to Leno just as it applies to other witnesses.