A Massachusetts federal judge on Monday dismissed Barstool founder David Portnoy’s defamation and invasion of privacy lawsuit against Insider over two exposés that portrayed him as a sexual predator. In addition to the publication, the suit named its co-founder and CEO Henry Blodget, global editor-in-chief Nicholas Carlson and writers Julia Black and Melkorka Licea. Chief Judge F. Dennis Saylor IV reasoned that Portnoy came up short in making the case that the defendants published the articles with actual malice.
The stories, published on Nov. 4, 2021 and Feb. 2, 2022, described Portnoy as preying on young women, recording them without consent and possibly assaulting them. Portnoy denied the allegations and argued that Insider defamed him in publishing false claims that hurt his reputation. Portnoy suggested the stories were designed to convince readers to sign up for Insider’s paid subscription service, which was required to read the full text. He noted that Insider marketed a “68% off” promotion on the day the first story ran.
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Insider maintained it enjoys broad discretion under the First Amendment and that Portnoy cannot prove the stories’ content is false. The publication also insisted that Portnoy, as a public figure, could not prove actual malice, i.e. proof the claims were published with knowledge that they were false or with reckless disregard as to whether they were true or false.
Public figures must show actual malice in a defamation suit,...
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