FILING: Alec Baldwin’s Social Media Posts In Fallen Wyoming Marine Lawsuit Constitutionally Protected

In a federal court docket submitting this week, actor Alec Baldwin, by means of his attorneys, claimed that he had a constitutionally protected proper to label a member of the family of a fallen Wyoming Marine as an insurrectionist.

Lance Corporal Riley McCollum was killed in a terrorist assault in Afghanistan in August. Following his loss of life, Baldwin donated $5,000 to a GoFundMe set as much as assist McCollum’s widow care for his or her soon-to-be-born baby.

Months later, Roice McCollum, Riley McCollum’s sister, posted an image of herself on the January 6 Capitol Riots on Instagram. Baldwin noticed the image and shared it to his greater than 2 million followers and claimed that Roice McCollum was a participant within the rebellion through which rioters stormed the US Capitol.

Roice McCollum spoke with the FBI and isn’t at the moment charged.

Roice McCollum, Joleen McCollum and Jiennah McCollum subsequently filed go well with in US District Court docket for $25 million.

In his most up-to-date submitting, Baldwin claims his statements on social media are protected underneath the FIrst Modification.

“(The McCollums) argue that the Court docket has private jurisdiction as a result of Baldwin ‘picked a combat in Wyoming and scurried again to his Manhattan penthouse,’ however admit that Baldwin by no means stepped foot in Wyoming,” Baldwin’s response states. “They discuss with Baldwin’s success, his fame and his ‘Manhattan penthouse,’ however do not clarify why this stuff matter.

“Baldwin expressed his protected political opinion in regards to the occasions of January 6. Plaintiffs strive onerous to make this case about one thing else — wealthy versus poor, celebrities versus ‘most Individuals,’ crimson states versus blue states. But it surely’s not. The First Modification protects all Individuals, no matter political affiliation, fame or wealth.”

In earlier filings, the McCollum household has argued that as a result of they reside in Wyoming, Baldwin must be held accountable by federal courts within the state.

Not so, say Baldwin’s attorneys.

Baldwin’s attorneys contend that the McCollums conceded Baldwin’s social media posts occurred whereas he sat in his penthouse in Manhattan. The legislation, Baldwin’s attorneys assert, is obvious in that the McCollum household is not a robust sufficient hyperlink to conduct the case in Wyoming.

Attorneys for Baldwin additionally argue that the McCollums have conceded that Baldwin by no means explicitly accused Roice McCollum of committing against the law. The phrase insurrectionist for Baldwin isn’t any completely different than utilizing different unfastened phrases comparable to “criminal,” for instance.

“Plaintiffs’ personal allegations and reveals show that Baldwin didn’t accuse them of committing against the law,” the response states. “Reasonably, as mentioned in Baldwin’s opening temporary, the phrase ‘rebellion’ doesn’t impute felony conduct as a result of dictionary definitions and customary utilization discuss with issues not chargeable as against the law. As a substitute, Baldwin’s statements constituted protected opinion, as courts have held in quite a few analogous circumstances.”

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