The "Storage Wars" lawsuit against A&E and show producers made it through the first round of battle Wednesday, but part of the claim has been thrown out by the court.

The gist of the lawsuit is a question of whether "Storage Wars" producers have an obligation to show "reality."

"Storage Wars" is a reality program where people buy the contents of abandoned storage units at auction.

But the California court decided that no, in fact, "reality" shows are protected by the freedom of speech and the producers have no obligation to show actual reality.

Judge Michael Johnson of the Los Angeles Superior Court ruled in favor of A&E and "Storage Wars" when he threw out former star Dave Hester Michaelsaw's claim of Unfair Business Practices, a portion of the lawsuit.

Johnson said that any injunction against A&E would interfere with the network's First Amendment rights.

The ruling read, "It is well settled that television broadcast involves free speech, as well as production activities that advance or assist in the creation of a television program."

Hester filed the lawsuit against "Storage Wars" and A&E accusing the producers of rigging the show.

However, A&E counteracted by citing the first Amendment and claiming they had the right to tell the story how ever they wanted to.

Hester's lawyers argued that the "Storage Wars" lawsuit dealt with some activities that were not filmed for the show - for instance, a matter of some A&E-issued press releases that deny any meddling by producers. Judge Johnson ruled that the argument was "not persuasive."

Hester is seeking more than $750,000 in damages. Earlier this year, A&E called the lawsuit "meritless" and claiming it was really all about money and not about representing reality.

Despite Wednesday's court result, the "Storage Wars" lawsuit is far from over. Hester and A&E still have to hear two more rulings. "Storage Wars" also faces charges of breach of contract and breach of implied covenant of good faith and fair dealing in the lawsuit.