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Reason
Reason
Politics
Eugene Volokh

Court Makes It Easier for Plaintiffs to Win Libel Lawsuits Against #MeToo Claimants

From today's decision of the Minnesota Court of Appeals in Johnson v. Freborg, by Judge Lucinda Jesson, joined by Presiding Judge Peter Reyes, with a partial dissent by Judge Sarah Wheelock:

Respondent Kaija Freborg identified appellant Byron Johnson in [a Facebook] post as one of three dance instructors who had sexually assaulted her. Johnson sued Freborg for defamation, and Freborg moved for summary judgment. The district court granted summary judgment to Freborg because it determined that her statement was true and involved a matter of public concern. Because the record, viewed in the light most favorable to Johnson, reveals a material issue of disputed fact regarding the veracity of Freborg's statement, and because the dominant theme of the statement did not involve a matter of public concern, we reverse and remand….

Here are some of the facts:

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