SANTA MARIA, California - A judge ruled Friday that US talk show host Jay Leno can tell jokes about Michael Jackson, even though he could be called to testify in the embattled star`s child sex trial.
The move came after Jackson`s lawyers argued that the famed comedian, who has been subpoenaed as a possible witness, should be subject to a strict gag order preventing players in the case from talking about it.
The legal wrangling last week forced Leno to draft in a substitute to crack jokes about the "King of Pop" on his "Tonight Show" on US television.
Leno`s lawyers asked Judge Rodney Melville, who is handling the Jackson case, for an exemption to the gag order.
Melville on Friday ruled that Leno could to crack wise about Jackson, but could not talk about specific aspects of the case about which he might be called to testify.
"I wouldn`t have expected him not to tell jokes, I would have expected him to tell good jokes," Melville said explaining the reason for his order.
Leno`s lawyers last week hit back at attempts by Jackson`s team to gag the comedian from talking about the trial, saying that such a move would impinge on his freedom of speech.
"Mr Jackson`s assertion that broad restriction on Mr Leno`s speech is necessary to protect Mr Jackson`s right to a fair trial is specious," wrote Leno`s lawyer Theodore Boutrous in a court document.
Jackson`s defence lawyer Robert Sanger had earlier argued that Leno should not be exempt from the tough gag order.
"While the need for a protective order is unfortunate and does come at some cost, it is necessary to protect Mr Jackson`s right to a fair trial," Sanger said.
In a related matter, judge Melville allowed Jackson to file a request to issue a rebuttal to a US television show about Jackson made by British TV journalist Martin Bashir.
Jackson`s lawyers have asked the judge to hold Bashir, who made the explosive 2003 television documentary that ultimately led to child sex charges against the star, in contempt of court over a new film about Jackson broadcast in the United States last month.
"What we don`t want is a discrimination that some witnesses can do something and Mr Jackson has to sit here" unable to speak out, the star`s lawyer Brian Oxman told the judge.

03/11/2005 21:38 GMT