Truth Remains An Absolute Defense Against Defamation Claims

• Published date: 04 August 2022
• Law Firm: Venable LLP
• Author: Mr Lee S. Brenner and Jonathan A. Mireles

A Michigan State Court recently dismissed claims against Euclid Media Group, the parent company to several media properties, including Deadline Detroit, Inc. ("Deadline"), for publishing articles about a Plaintiff's conduct at a Birmingham Public School Board of Education meeting. See Paul Marcum vs. Euclid Media Group, Docket No. 2022-191878-CZ (Mich. Cir. Ct. Jan. 4, 2022) (Dkt. 129) ("Order").

On August 23, 2021, Deadline published an article, "Man Who Gave Nazi Salute at Birmingham Schools Meeting Loses Tennis Job" (the "Article"). The Article asserted that Plaintiff had gestured and uttered a Nazi salute toward two African American women and a Jewish woman who had voiced their support for a classroom mask mandate. The Article not only identified Plaintiff by name, but it also included his picture and stated Plaintiff had been "accused of flashing a Nazi salute and repeatedly chanting 'Heil Hitler.'"

On January 4, 2022, Plaintiff filed a lawsuit against Euclid and four of its media properties, including Deadline, for defamation, intentional infliction of emotional distress, tortious intrusion, tortious publication, false light, and...