From Grayson v. No Labels, Inc., decided today by the Eleventh Circuit (Chief Judge William Pryor and Judges Barbara Lagoa and Andrew Brasher):
Alan Grayson appeals the summary judgment against his second amended complaint of defamation, defamation by implication, and civil conspiracy …. Grayson alleged that his reputation was tarnished and he lost his seat in the United States House of Representatives because the defendants falsely denounced him for profiteering and for spousal abuse.
The district court ruled that the defendants' reference to reliable publications in their mailings and online postings evidenced they acted without actual malice and were not liable for defamation and that Grayson's claim of civil conspiracy failed as a matter of law. We affirm….
Grayson alleged that the defendants, "acting through Progress Tomorrow," disparaged him using the mail, internet postings, and the website "FloridaDeservesBetter.org." Those materials touted that a "Congressional Ethics Investigation Found Alan Grayson Abused His Office for Financial Gain" and "to enrich himself," that he "[h]id income on his public disclosures," and that he "[u]sed taxpayer resources to conduct his high-risk investor scheme." One mailing depicted Grayson sitting in a chaise lounge on the beach in Grand Cayman with a drink close at hand.
A two-sided mailing had, on one side, a man carrying an attache case striding to a jet bound for Grand Cayman and, on the other side, an opened attache case containing a passport bearing Grayson's photo with dollar signs for eyes and 15 stacks of $100 bills. A third mailing accused Grayson of abusing his former wife. On Facebook, the defendants touted that Grayson "used international government travel to drum up business for his hedge fund," "used Congressional staff to work for the fund," and had a hostile incident with a reporter….
