Overview
In an opinion Friday, Judge Crotty dismissed a case brought by MyPillow CEO Mike Lindell over an article in the Daily Mail accusing him of having a secret romantic relationship with Jane Krakowski, the actress best known for her role on the TV show 30 Rock. Judge Crotty concluded that the article's statements, even if false, were simply not defamatory:
Even assuming the romance never happened, the above description would not defame Lindell. Dating an actress—secret or not—would not cause "public hatred," "shame," "ridicule," or any similar feeling towards Lindell. Both Lindell and Krakowski are unmarried adults, and Lindell's alleged actions typify those of a person in a consenting relationship.While Judge Crotty found there was authority for the proposition that statements "imputing adultery or extramarital sexual relations" were defamatory, there was "no support for the proposition that gossip about a typical monogamous relationship could be 'reasonably susceptible' to defamatory meaning." And while "Lindell might have been embarrassed or annoyed by this tabloid Article," Judge Crotty found that his case "only challenges aspects of the Article that described routine acts accepted by society." H/T Volokh Conspiracy
