Attorneys for Alec Baldwin are asking a federal decide to dismiss a lawsuit accusing him of defaming the household of a Wyoming Marine killed in Afghanistan, current court docket filings present.
Based on a movement for dismissal, Baldwin says he was expressing his constitutionally protected political opinion concerning the Jan. 6 riots, quite than defaming the Marine’s sister and widow as their grievance alleges. The actor’s lawyer additionally argues the case doesn’t have standing in Wyoming, since Baldwin has no connection to the state.
Baldwin donated $5,000 to one in all Rylee McCollum’s sisters after the 20-year-old Marine from Bondurant was killed in a Kabul airport bombing in August, in accordance with the preliminary grievance.
Wyoming Marine amongst these killed in Afghanistan airport bombing
In January, when Roice McCollum posted a photograph from a Jan. 6, 2021, demonstration in Washington, D.C., Baldwin commented to verify she was the one who acquired his donation.
They exchanged personal messages, court docket filings state, through which Baldwin accused her of being a “January sixth rioter” and mentioned her actions resulted in property destruction and the demise of an officer. McCollum instructed him she was protesting legally and had already met with the FBI.
Baldwin reposted her picture to his personal account, which had 2.4 million followers on the time, in accordance with court docket paperwork. He referred to as claims of non-violent protests on Jan. 6 had been “bulls***” and indicated he would take away the submit the next day. The picture, in addition to his touch upon her unique submit, have been deleted.
McCollum acquired tons of of “hostile, aggressive, hateful” messages from Baldwin’s followers after that, in accordance with the grievance, inflicting her and the opposite plaintiffs within the case misery, nervousness and concern.
Household of Wyoming Marine killed in Afghanistan suing Alec Baldwin for defamation, privateness invasion
Whereas McCollum’s counsel argues Baldwin acted maliciously in reposting the picture, alleging he knew it might deliver them harassment, the actor’s movement says the act couldn’t be malicious as a result of there have been no recognized factual inaccuracies in his caption.
It additionally argues Baldwin shouldn’t be held accountable for messages despatched by different individuals.
“Would this case exist if Baldwin weren’t a widely known actor? Would Plaintiffs be asking for $25 million? No, clearly not,” the movement reads. “It is a political dispute masquerading as a lawsuit, motivated additional by cash. The general public sq.—not this Court docket—is the right place to debate Alec Baldwin’s opinion.”
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In a response filed this week, legal professionals for the McCollums mentioned Baldwin’s remark calling Roice an “insurrectionist” was accusing her of felony exercise and due to this fact defaming her “by implication.” In addition they say that Baldwin’s actions had been extra severe due to his giant following.
“As evidenced by the followers’ responses to Baldwin’s publication, the implication on this false assertion is that Plaintiffs are rioters, traitors, racists, Nazis, or white supremacists who sought to overthrow the US democracy,” their response states.
Baldwin’s movement argues “riot” isn’t a felony cost, and is quite an expression of his opinion of the occasions of Jan. 6.
“This case isn’t about whether or not you’re a Democrat, whether or not you’re a Republican,” mentioned Luke Nikas, one in all Baldwin’s longtime legal professionals. “It’s about whether or not you imagine within the first modification and within the U.S. and Wyoming constitutions and freedom of speech.”