James Franco said a lawsuit an ex-NYU professor filed against him for defamation should be dismissed on grounds of free speech, court documents said.

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Jose Angel Santana sued the actor in 2011 after the actor called him a "bad teacher."

The former teacher then filed a request for a default judgement in his favor because he said Franco never responded to the initial suit, TMZ reported Saturday.

Franco said Santana never properly served him with the suit, therefore the case should be thrown out.

Additionally, he said the case should be dismissed because his insult against Santana is protected under free speech, the court documents said.