An appellate court has ruled that Joy Reid, the new host of MSNBC’s 7 PM weeknight hour, should again face a defamation lawsuit over a claim that she wrongly accused a woman of making racist …
lawsuit over a claim that she wrongly accused a woman of making racist remarks at a 2018 Simi Valley, CA city council meeting.
The plaintiff in the case, Roslyn La Liberte, contends that Reid posted twice on social media that attributed racist remarks to her. Then in another post, La Liberte claims, Reid juxtaposed a photo from the council meeting with the 1957 image of a white woman in Little Rock screaming execrations at a Black child trying to go to school.
The Second Circuit Court of Appeals ruled against Reid’s claim that she was protected by Section 230 of the Communications Decency Act. It also overturned a lower court ruling that La Liberte is a limited purpose public figure, something that would require a higher threshold to prove defamation. “Accordingly, she was not required to allege that Reid acted with actual malice as to either post,” the three-judge panel wrote. “Moreover, the court erred by characterizing Reid’s second post as nonactionable opinion … That post could be interpreted as accusing La Liberte of engaging in specific racist conduct, which is a provable assertion of fact and therefore actionable.”
The appellate court also ruled that the case could not be dismissed under California’s anti-SLAPP statute, designed to prevent plaintiffs from stifling free speech via litigation. The judges found that the California law was “inapplicable” in federal court because “it increases a plaintiff’s burden to overcome pretrial dismissal.”
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