“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.
