By the ACLU of West Virginia on behalf of John Oliver, who was sued for defamation by coal baron Robert Murray (who evidently makes a habit of such things). Oliver admittedly said some rude and pointed things about Murray, but the lawsuit actually seeks an injunction against future insults. The entire brief must be read to be fully appreciated, but here are a few choice sections (citations and some passages omitted):
III. Anyone Can Legally Say “Eat Shit, Bob!”
This case is beyond meritless. It is offensive to the very ideals of free speech embodied in the First Amendment. The fact that Plaintiffs filed this case is ridiculous enough; but, to pour gasoline on the fire, plaintiffs’ counsel has also filed a motion asking the court to make John Oliver not say mean things about him anymore.
A. Plaintiffs’ Motion for a Temporary Restraining Order is Ridiculous. Courts Can’t Tell Media Companies How to Report, Bob.
- All of John Oliver’s Speech Was Protected by the First Amendment. You Can’t Sue People for Being Mean to You, Bob.
Plaintiffs do not come close to stating an actionable claim. Defendants aired a broadcast about a matter of public concern that is undoubtedly protected by the First Amendment. It is axiomatic that “the First Amendment to the United States Constitution placed limits on the application of the state law of defamation” and in particular on “the type of speech which may be the subject of state defamation actions.”
The statements Plaintiffs point to are clearly not libelous—they are satire regarding a public figure regarding a matter of public concern. As a flamethrower himself, Bob Murray should not be shocked when his own fire occasionally inspires others to fire back. This is the very purpose of the marketplace of ideas.
- Plaintiff’s Requested Injunction is Clearly Unconstitutional. You Can’t Get a Court Order Telling the Press How to Cover Stories, Bob.
For reasons passing understanding, in addition to filing this action, Plaintiffs compounded the abuse to our justice system and filed a motion for a temporary restraining order and preliminary injunction. Plaintiffs request what they falsely deem the “narrow” and “limited relief” of “a temporary restraining order, preliminary injunction, and ‘gag order’ to restrain Defendants, during the pendency of this litigation, from (i) re-broadcasting the Defamatory Statements that are the subject of Plaintiffs’ Complaint, and (ii) publicly discussing the substance of litigation.”
Bob Murray thinks John Oliver was mean to him, and he doesn’t want him to be mean again. While that is sad for Bob Murray, it is unconstitutional for a court to order such relief.