Chief Circuit Judge Jeffrey Sutton and Judge Thapar pressed Grygiel on the implications of social media communication, comparing it to traditional methods like sending a letter. Grygiel argued that Griffin was speaking to her entire two-million-follower audience, while the judges sought to understand the reach of such online statements.
The Johnsons’ attorney, Todd VanDerVeer McMurtry, emphasized that Griffin’s tweets found an audience in Tennessee and should be seen as an appeal to her nationwide audience. He cited interactions with Griffin that indicated she sought information about Sam Johnson’s status with VisuWell.
Ultimately, the Sixth Circuit judges must grapple with whether Griffin’s online comments are protected by the First Amendment and whether the case falls within the forum state’s jurisdiction.
After the arguments, McMurtry expressed concerns that protecting social media influencers from liability for online speech might lead to a more toxic online environment. The judges said they needed to respect precedent but asked about a similar case in which Griffin was accused of doxing Covington Catholic High School students.
