The defamation lawsuit brought by Sam Johnson, former CEO of telehealth firm VisuWell, against comedian Kathy Griffin has become a center of debate at the Sixth Circuit. During oral arguments, the judges engaged in lively discussions over whether Griffin’s tweets, accused of defaming Johnson, should be protected as free speech. This legal dispute arises from a viral TikTok video that Johnson alleges was manipulated to portray him as homophobic, leading to a social media response from Griffin.
Johnson, along with his wife, Jill Johnson, has claimed that Griffin’s social media comments, alongside reposting the allegedly edited video, inflicted damage on his mental health and resulted in embarrassment and reputational loss. The lawsuit centers on the question of personal jurisdiction.
Griffin’s attorney, Michael J. Grygiel, contended that the nature of the internet was such that Griffin’s comments weren’t directed at VisuWell or Tennessee residents but rather to her entire social media audience. This argument prompted questions from the judges, with Circuit Judge Amul R. Thapar humorously suggesting that “Twitter insulates you? Elon Musk will be happy.”
