(Carmine Sabia) MyPillow CEO has a plan for crushing the $1.3 billion lawsuit against him from Dominion Voting Systems, and some legal experts believe he has a case.
by Carmine Sabia, October 22nd, 2021
His attorneys have argued that since Dominion makes technology that is used in government elections it is, effectively, a government agent, Insider reported.
And because it is very tough for government agents to win a defamation lawsuit that the lawsuit could not stand.
“At the heart of this case is the scope of an American citizen’s right to criticize how his government handles the counting of votes,” the attorneys for MyPillow said. “Were electronic voting systems used in the November 2020 election hacked and manipulated? Plaintiff Dominion’s billion-dollar defamation lawsuits and related public attacks against MyPillow and numerous others are an effort to choke off public discussion of these foundational political issues.”
Regardless of the results of the election or the claims made by Lindell, the argument appears to be sound.
“The defendants are claiming that because the plaintiff is performing a strictly government function, they should be treated as a public official,” University of Virginia professor and First Amendment expert Frederick Schauer said. “That is not an implausible claim, nor is the response that the plaintiff is sufficiently down in the food chain that they cannot really be considered an official, even if they are doing something governmental under contract with the government.”
The lawsuit against MyPillow is one among many that Dominion filed against 2020 election conspiracy theorists and companies it said advanced those falsehoods.
Dominion has sued Sidney Powell, Rudy Giuliani, Fox News, Newsmax, One America News, former Overstock CEO Patrick Byrne, MyPillow, and Lindell. Smartmatic, a rival election-technology company caught up in many of the same conspiracy theories, has also filed lawsuits against many of the same parties.
When a plaintiff is a public official or public figure they need to show that the defendant acted with “actual malice” which was first articulated in New York Times v. Sullivan, a Supreme Court case in 1964.
“The Sullivan ‘actual malice’ standard, which requires that the plaintiff show intentional falsity or something very close to it (refusal to investigate in the face of actual knowledge of possible falsity), applies to public officials as plaintiffs, and, as of a few years after Sullivan, public figures,” Schauer said. “If the plaintiff is not a public official or public figure, then the plaintiff only has to show falsity and negligence. That’s a huge difference.”
But Clay Calvert, a press freedom expert from The University of Florida, said that precedent is not on the side of Lindell and MyPillow.
“Government officials who are elected to public office are always considered public-official plaintiffs in defamation law,” he said. “For nonelected government employees to be deemed public-official plaintiffs, courts typically ask if the individual holds a position that has or appears to have substantial control or authority over government affairs, and if the position invites public scrutiny independent and apart from the controversy at issue in the underlying defamation lawsuit.”
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Source:
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