From NDMAscendant, LLC v. Matze, decided Thursday by the Nevada Supreme Court (Justices Kristina Pickering, Elissa Cadish, and Patricia Lee):
This case arises from the firing of respondent John Matze, CEO of the former social media company, Parler LLC. Parler was a social media platform that touted its commitment to free speech. However, Parler was eventually deplatformed from Apple and Amazon app stores following allegations that the app was used by participants in the January 6, 2021, incident at the U.S. Capitol. In the aftermath of the deplatforming, Matze was fired, and he subsequently wrote a memorandum commenting on the circumstances of his firing. This memorandum was leaked and reported on by various news sources, including Fox Business.
Appellant Dan Bongino—then a political commentator, radio show host, and Parler shareholder—published a Facebook Live video on his Facebook page in response to Matze's memorandum and public statements. Bongino asserted that Matze's narrative regarding the circumstances of his firing was untrue, including statements that some "really bad" and "terrible" decisions had been made "by people on the inside" that "led to us getting put down by Amazon and others," costing the company its "product stability." Bongino further claimed that Bongino and his Parler colleagues were more committed to free speech and product stability than Matze.
Matze sued for, among other things, defamation, but the court rejected the claim, concluding that Bongino's statements were opinions and therefore not actionable:
