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After facing sexual misconduct allegations earlier in the year, Barstool Sports Founder and CEO claims that he was falsely accused of the sexual misconduct and assault allegations. On November 7, 2022, a Massachusetts federal judge determined that the defamation charges were in sufficient. U.S. District Judge F. Dennis Saylor IV said that the claims "fell short of the heightened standard in cases involving public figures." Thus, Judge Saylor granted Insiders Inc.'s motion to dismiss against the CEO. Portnoy asserts that the information published in the magazines/newsletter was false. At the very least. Portnoy asserts that the information was published with "reckless disregard for the truth."

Judge Saylor said in response, "The complaint fails to lay out sufficient facts from which it may be inferred that defendants published the articles with actual malice. The complaint contends in general terms that defendants made the allegedly defamatory statements 'with a knowing and reckless disregard of the truth,' but it's specific factual allegations do not support that conclusion." Additionally, "Such allegations of animosity or ill will, however, do not suffice to plead actual malice,"

The stories in question containing the alleged false information, were published in late 2021 and early 2022. In the article, Portnoy was portrayed as a person who had "turned violent and humiliating."

Portnoy and his attorneys claim that Insider maliciously published articles relating to Portnoy and his sexual assault allegations. Additionally, the CEO argued that because that articles were essentially "hidden" behind a paywall, that added to the malice intention. Judge Saylor, however, disagreed with this argument stating the paywall feature did not add to the alleged malicious intent.

In response to the verdict, Portnoy's attorney said the verdict was "Disappointing, frustrating, not overly surprising," he said. "Every single lawyer said it was an uphill battle, every single legal expert said it was an uphill battle, that it's almost impossible for a public figure to prove defamation. I still wanted to do it because what they did was so bad, so wrong."

Insider Inc., Blodget, Black, Licea and Carlson are represented by Elizabeth A. McNamara, Rachel F. Strom and Lindsey B. Cherner of Davis Wright Tremaine LLP.

The case is Portnoy v. Insider Inc. et al., case number 1:22-cv-10197, in the U.S. District Court for the District of Massachusetts.