Yesterday’s Fifth Circuit decision in Favre v. Sharpe, written by Judge Leslie Southwick and joined by Judge Kyle Duncan and Judge Jeremy Kernodle (E.D. Tex.), discussed the controversy surrounding former NFL player Brett Favre:
Brett Favre, a three-time NFL Most Valuable Player and Hall of Famer, had his public image tarnished due to his association with individuals convicted of misusing government welfare funds. While Favre has not faced criminal charges, Mississippi’s Department of Human Services filed a civil suit against him for his alleged involvement in the unlawful diversion of funds intended for impoverished Mississippians.
The suit initially sought to recover $1.1 million in funds Favre received for speaking engagements he did not fulfill. Favre repaid this amount before the suit. The complaint was later amended to recover $5 million in funds that Favre allegedly arranged to be used for a volleyball facility at USM. The funds were ultimately used for the project, with allegations that Favre sought the assistance of a non-profit organization to secure the funding.
During media coverage of the scandal, Shannon Sharpe made defamatory statements about Favre on his show, “Undisputed.” Favre sued for libel, but the court ruled in favor of Sharpe, stating that the comments were constitutionally protected opinions based on disclosed facts.
The court found that Sharpe’s statements, though critical of Favre, were based on publicly known facts and therefore considered opinion rather than provable assertions of fact. While Favre may have found the statements contemptuous, the court determined that Sharpe’s comments were not based on undisclosed facts and were within the realm of protected speech under the First Amendment.
Sharpe’s statements were deemed as his “strongly stated” opinions that were “based on truthful established fact[s],” making them nonactionable. Joseph Marshall Terry represented Sharpe in the argument.
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