Andrew Medichini / Invision/AP 1 / 15
Andrew Medichini / Invision/AP 1 / 15

James Franco is asking a judge to toss a lawsuit filed against him by a former New York University professor who sued the actor for calling him a "bad teacher."

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Jose Angel Santana filed a defamation lawsuit against the "127 Hours" star in September, claiming he made "disparaging and inaccurate public statements" against him after receiving a poor grade in his class. Santana requested a default judgment in his favor after the actor allegedly failed to respond, but now Franco has hit back, insisting he was never properly served with the lawsuit.

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In newly filed legal documents, obtained by, Franco argues Santana's request for a default judgment should be dismissed. He also maintains the entire case should be thrown out because his comments are protected by his right to free speech.

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