Phelps Gets Win for Free Speech Rights in High-Profile Defamation Suit

The Phelps team obtained affirmance of the dismissal of Shannon Sharpe, a former NFL Hall of Fame player and now a well-known sports personality, in a high-profile defamation lawsuit filed by retired NFL quarterback Brett Favre. The U.S. Court of Appeals for the Fifth Circuit affirmed that comments Sharpe made on a popular sports debate show were protected speech and not grounds for defamation. This decision confirms the importance of free speech rights as First Amendment questions continue to make national headlines.

The suit centered on comments Sharpe made during an episode of “Undisputed” in a dialogue with his co-host Skip Bayless. Sharpe’s comments involved a welfare scandal in which the State of Mississippi accused Favre in a civil suit of misusing welfare funds. 

Sharpe had commented that Favre “stole money from people who really needed that money.” Favre claimed that Sharpe’s comments defamed him because reasonable viewers would believe that Favre was charged with the crime of theft. During the segment, the hosts explained that Favre was not facing any criminal charges.

The Fifth Circuit affirmed dismissal of Favre’s defamation case, finding the statements were non-actionable opinions based on disclosed facts. The Fifth Circuit pointed out that at the time the host made the statements, “the facts on which he was relying were publicly known,” and “[b]ecause Favre does not allege any remaining statements in the broadcast were false, there were no actual inaccuracies. Instead, the facts were fully disclosed to the listeners and contained no ‘clear falsity of fact.’”

Mike Hurst, Mary Ellen Roy and Mark Fijman led the Phelps media litigation team to secure the closely watched ruling.