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America January 9, 2024 3 mins read

Michael Rapaport defamation suit against Barstool

America ı By Rihem Akkouche

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Michael Rapaport defamation suit against Barstool

In a stunning decision, the Second Circuit closed the chapter on comedian Michael Rapaport's defamation lawsuit against Barstool Sports. The court ruled that the scathing remarks traded in a vulgar public feud were protected as hyperbolic expressions or opinions, ultimately burying the legal battle.

Michael Rapaport defamation suit against Barstool: Unanimous Decision by Second Circuit

In a unanimous decision, a three-judge panel from the Second Circuit applauded the lower court's meticulous consideration of the context surrounding Rapaport's public fallout with Barstool. The panel emphasized that the derogatory statements, including accusations of racism, fraud, physical abuse, and herpes, were deemed exaggerated opinions meant to fuel the fiery dispute.

Defamation Shielded Under Law

The defamation suit encapsulated over 75 comments spanning various Barstool platforms. Mirroring the district court's stance, the Second Circuit asserted that these statements fell within the realm of protected speech, shielded by defamation law due to their nature as inflammatory insults.

"We affirm because the district court carefully and correctly determined... no reasonable reader or listener could have viewed any of the challenged statements to be conveying any expressed or implied facts about Rapaport," the panel declared.

Michael Rapaport defamation suit against Barstool : Contextual Consideration

Echoing the district court's approach, the Second Circuit leaned on precedent allowing the examination of the context in which allegedly defamatory statements are made. The hostile public feud between Rapaport and Barstool was deemed a scenario where "an audience may anticipate the use of epithets, fiery rhetoric, or hyperbole."

Michael Rapaport defamation suit against Barstool : Barstool Founder's Reaction

When questioned about the ruling, Barstool's founder, Dave Portnoy, simply remarked, "He's a moron," underscoring the intensity of the ongoing feud.

From Content Agreement to Legal Battles

The saga began in 2017 when Rapaport inked a content agreement with Barstool, only for relations to sour months later. Rapaport's jabs at Barstool employees and insults directed at the audience led to his termination. A subsequent online war of words resulted in mutual lawsuits, most of which were dropped in 2022, leaving Rapaport's defamation claim the sole survivor.

Video Context Examined

The Second Circuit also addressed a specific video where Portnoy suggests Rapaport has a stalking charge. The court concluded that the video, accompanied by a screenshot of a news article detailing Rapaport's arrest and guilty plea to aggravated harassment, was a protected expression of Portnoy's understanding, albeit erroneous.

No Immediate Comment from Rapaport's Camp

As of now, there has been no response from Michael Rapaport or his legal representatives regarding the Second Circuit's decision.

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