An Alabama politician’s legal battle against a political action committee took a significant turn when an appeals court reversed an $8.2 million defamation verdict. This case has drawn attention due to its implications for public figures and the standards of proving defamation.
Appeals Court Decision
The 11th U.S. Circuit Court of Appeals overturned the verdict that had been awarded to Roy Moore, a former Republican judge and Senate candidate. Moore’s lawsuit stemmed from a 2017 ad by a super PAC that recounted allegations of misconduct against him. The court determined that Moore did not sufficiently prove that the PAC acted with malice, which is a required standard in defamation cases involving public figures. Consequently, the judges ordered a summary judgment in favor of Senate Majority PAC.
Background on the Allegations
Roy Moore, known for his staunch opposition to same-sex marriage and advocacy for the Ten Commandments in public spaces, faced allegations that disrupted his 2017 Senate campaign. Accusations included Leigh Corfman’s claim that Moore inappropriately touched her in 1979 when she was 14 years old. Moore denied these claims, but the ad campaign funded by Senate Majority PAC through Highway 31 was extensive, amounting to $4 million.
The Advertisement in Question
The contentious advertisement included statements suggesting Moore was banned from the Gadsden Mall for soliciting sex from young girls, including a 14-year-old working as a Santa’s helper. However, testimony revealed that while Moore might have flirted with the girl, he did not solicit sex. The court found that the PAC’s actions might have been negligent but did not meet the threshold for actual malice.
Legal Reactions
The decision has prompted responses from both sides. Jeff Wittenbrink, Moore’s attorney, expressed disappointment and indicated potential plans to appeal to the U.S. Supreme Court, questioning the broader doctrine of actual malice. Meanwhile, Senate Majority PAC’s lawyer, Ezra Reese, welcomed the ruling as a “total vindication” and emphasized that the advertisement relied on accurate reporting of allegations against Moore.
Ongoing Legal Disputes
Moore and Corfman have been involved in separate defamation lawsuits against each other. In 2022, a jury concluded that neither party successfully proved their case, despite both having testified during the trial.
