Judge Dismisses SD-Based One America’s Defamation Suit Against Rachel Maddow, MSNBC

From WWW.NBCSANDIEGO.COM

A federal judge on Friday dismissed with prejudice a lawsuit filed by One America News Network's owners that accused Rachel Maddow and MSNBC of defamation.

The conservative television network sued Maddow for more than $10 million in September for calling it "paid Russian propaganda."

One America News Network's owners, Herring Networks, filed the federal defamation suit in San Diego.

Friday's ruling stated, in part: "[The] Court finds that the contested statement is an opinion that cannot serve as the basis for a defamation claim. Plaintiff has not shown a probability of succeeding on its defamation claims, thus, the Court GRANTS Defendants’ Special Motion to Strike…. Because there is no set of facts that could support a claim for defamation based on Maddow’s statement, the complaint is dismissed with prejudice. After Defendants’ motion for attorney’s fees is resolved, the Court will instruct the Clerk to close this case."

"Considering the totality of the circumstances — including the general context of the statements, the specific context of the statements, and the statements’ susceptibility of being proven true or false — a reasonable factfinder could only conclude that the statement was one of opinion not fact," U. S. District Court Judge Cynthia Bashant summarized in her ruling.

In addition, the ruling added that because the court had granted the motion, the defendants could file a motion to recover attorney's fees and costs.

The small, family owned One America News Network, which is based in San Diego, is challenging Fox News for conservative cable and satellite TV viewers and has received favorable tweets from President Donald Trump.

The lawsuit contended that Maddow's comment on her July 22, 2019, MSNBC show was retaliation after OAN President Charles Herring accused the cabl... (Read more)

Submitted 44 days ago


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