Court dismisses Nebraska Sen. Hunt’s defamation lawsuit against conservative group
Nebraska Freedom Coalition posts about the Omaha lawmaker deemed opinions — not facts — and therefore qualify as protected speech.
OMAHA, Neb. (WOWT) — The lawsuit filed by Nebraska State Sen. Megan Hunt against the Nebraska Freedom Coalition was dismissed in district court on Wednesday.
The Omaha lawmaker had alleged in a lawsuit filed in Douglas County District Court in June that the organization and three of its officers — Patrick Peterson, Robert Anthony, and Malia Shirley — had defamed her when they repeatedly called her a child “groomer” in social media posts and falsely accused her of sexually abusing her child. She was seeking an unspecified amount in damages and legal costs; and has asked for a jury trial.
The Douglas County District Court, however, stated in its opinion that the statements made by the coalition were opinions and not facts, and were therefore protected speech.
“The Court determines as a matter of law that these tweets are assertions of opinion rather than fact,” the document states.
The posts making reference to her child and her parenting were made after she revealed publicly during heated debate in the Unicameral over LB574 that she is the parent of a transgender child.
In granting the dismissal, the court acknowledges there’s no proof of the allegations that NFC is posting, which makes them unactionable.
“The Coalition provides no proof for their allegations. To the extent that the tweets at issue accuse Hunt of criminal conduct, there is no indication that this opinion is based on undisclosed facts. Therefore, the tweets are not actionable defamation,” the document states.
Hunt said in a social media post that she is reviewing options for appeal.
