SALT LAKE CITY — The state’s top court is considering whether to allow a defamation lawsuit to move forward over the movie “Sound of Freedom” and its portrayal of a villain in the movie.

On Wednesday, the Utah Supreme Court heard an appeal by Angel Studios, the filmmakers who created “Sound of Freedom” and Operation Underground Railroad founder Tim Ballard. They are being sued by Kely Suarez, who alleges the central villain character in the movie has defamed her and ruined her reputation.

Cherise Bacalski, Suarez’s attorney, said the character of “Katy Giselle” in the film is “a kingpin sex trafficker.”

“And she never was,” Bacalksi said of her client.

Before the Utah Supreme Court, Bacalski argued Suarez was a college student who was caught up in a raid that Ballard was involved with in Colombia.

A lower court allowed Suarez’s lawsuit to move toward trial. The studio and Ballard have appealed, arguing they are protected under a Utah law designed to safeguard speech and that the film is a docudrama that is “based on a true story.” The justices grilled lawyers for all sides about the level of involvement each party had and whether promotion of the film crossed any lines.

“Here it’s alleged the movie itself was defamatory and Angel Studios is the one who is putting out the movie,” Justice Paige Petersen said during Wednesday’s hearing.

Robert Gutierrez, an attorney for Angel Studios, insisted to the court that while the film may be based on Ballard’s experiences, there were disclaimers in the film.

“The Katy Giselle character was, in fact, a composite character in order to make it a subject matter the viewing public could actually watch,” he argued. “And fulfill the writer’s mission about the ugly truth of child trafficking.”

The justices questioned where the line is in a “docudrama” or when things are “based on a true story.”

“So under your definition is this a movie of and concerning Mr. Ballard? Or is that they happen to use the same name?” asked Justice John Nielsen.

Gutierrez replied it was a story “inspired by Tim Ballard.” Later in arguments, he noted that Suarez had actually been convicted of criminal charges in Colombia. That was something Bacalski said was not properly before the court and she argued against the veracity of it.

“We also believe the conviction is unreliable, coming from Colombia and really under suspicious circumstances,” she told FOX 13 News outside of court. “That conviction would not likely stand because of the constitutional protections we enjoy in the United States of America.”

Ballard’s attorney, Mark Eisenhut, argued that his client was not involved in the movie-making itself. Ballard was consulted as the film was being created.

“I do not believe there’s any evidence of him producing, writing, directing, anything of that nature,” Eisenhut argued.

The justices took the case under advisement with no timeline for a ruling. The movie, which starred Jim Caviezel as Ballard, went on to become a box office success in 2023.

“She’s very hopeful our justice system will do her justice,” Bacalski said of Suarez outside court.

Ballard faced a number of lawsuits and accusations of misconduct that led to ties being cut with Operation Underground Railroad, the anti-human trafficking organization he founded. He has denied wrongdoing and filed his own defamation lawsuit against some of his accusers.

Republican Governor of Utah Spencer Cox and Democratic Governor of Pennsylvania spoke in Washington, D.C. They called on Americans to stop using violence against political opponents.

Two of the nation’s top state leaders who have had close brushes with political violence in 2025 hosted a panel on Dec. 9 where they called on Americans to stop hating their political enemies before it leads to “civil war.”

“We’re passing all the checkpoints, well ultimately towards failed states and things like civil war, I hate to even use that phrase,” said Spencer Cox, Utah’s Republican governor whose longstanding campaign for political unity was thrust into the national spotlight with the killing of conservative activist Charlie Kirk in September.

Cox participated in the panel alongside Pennsylvania’s Democratic Gov. Josh Shapiro, whose house was firebombed in April. 

Tuesday’s panel comes at a point where in addition to the killing of Kirk and the firebombing of the Pennsylvania governor’s mansion, a Minnesota lawmaker and her husband were killed and another lawmaker and his wife were injured at their homes in June; two Israeli embassy workers were shot and killed in D.C. in May; and a National Guard member was killed and another injured in a shooting also in the nation’s capital in November.

The pair spoke at Washington National Cathedral, about three and a half miles northwest of the White House.

Early on in the panel, Shapiro called out President Donald Trump for stoking hate in politics.  

“When you’re a governor, when you’re a president of the United States, you’re looked to for that moral clarity,” Shapiro said, “and we have a president who fails that test on a daily basis.”

Trump at a rally in September following the killing of Kirk said that he hates his opponents. 

The U.’s board of trustees will vote on the matter Tuesday.

Facing rising costs in college sports, the University of Utah hopes to put the future of its athletics department’s finances in the hands of a new for-profit company backed by a private equity firm.

The U.’s board of trustees will vote Tuesday on whether to approve the deal involving New York private equity firm Otro Capital.

The proposal calls for the creation of Utah Brands & Entertainment, a company to oversee the athletics department’s revenue sources. Otro Capital would be the minority owner of Utah Brands and handle operations such as ticket sales, media, stadium events, concessions, and trademark and licensing matters.

The U., through its nonprofit University of Utah Growth Capital Partners Foundation, would have majority ownership of the company and Utah Athletic Director Mark Harlan would serve as the chairman of its board. The athletics department would continue to oversee student athletes and their scholarships, coaches, fundraising and NCAA compliance.

Otro describes itself as a company with “deep expertise across sports, entertainment, and media.”

University officials have declined to say how much Otro Capital plans to initially invest because the deal has not been finalized. Yahoo! Sports reported the partnership could bring in more than $500 million in revenue. The U. expects the deal to be completed early next year.

Private equity investors have zeroed in on college athletics in recent years.

In the wake of the House vs. NCAA settlement, colleges can now pay their student athletes up to $20.5 million annually.

That has contributed to significant deficits at schools around the country. Last month, the University of Colorado projected a $27 million deficit for its athletics program. Earlier this year, Ohio State University claimed a $37.7 million deficit.

The Tribune will update this developing story.