The hip-hop star--real name Marshall Mathers III--sought to gag his ex in a court motion after she badmouthed him on local Michigan radio station WKQI-FM last month, where she claimed he was bad in bed and was "not very well endowed."
Eminem filed a motion in Macomb County Circuit Court in Mount Clemens last week seeking to block Kimberly from making "derogatory, disparaging, inflammatory and otherwise negative comments" about him, claiming the remarks could hurt their 11-year-old daughter.
Kimberly and her lawyer, Michael J. Smith, attended court yesterday, while Eminem did not appear. However, Friend of the Court Referee David T. Elias said the rapper had spoken to his ex on the phone.
Chief Circuit Judge Antonio Viviano declined to grant Eminem's request to ban Kimberly from discussing him public, but agreed the couple should remain silent on the issue when they are in vicinity of their daughter.
Kimberly's lawyer says, "This was a victory for free speech. Are you going to tell Marshall he can't perform ‘Kim’ or ‘Puke’ or other lyrics he has about Kim? No, the court can't do that--and, likewise, the court can't censor Kim if she wants to go on television and talk. She's allowed to tell the truth.
The couple split for the second time last year, just 82 days after their second marriage. They were previously married from 1999 to 2001.
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