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Reason
Reason
Politics
Eugene Volokh

Libel and Allegations of "TERF"ness, DMCA Abuse, and Perjury

[1.] An excerpt from the long decision in Braun v. Day, decided by Judge Mary Rowland (N.D. Ill.) Friday:

[Plaintiff] Propson is a resident of the state of Wisconsin and a licensed mortician. Propson operates at least one social media account under the handle "Lauren the Mortician," where she posts about matters related to her profession. [Defendant] Carter is likewise a social media personality and a self-described "life coach villain" who operates under the handle "@CaffinatedKitti." Carter is a citizen of Georgia.

On or around October 24, 2023, Carter published a video on TikTok where she accused Propson of being transphobic and a "TERF." Specifically, Carter said "Lauren the Mortician is a TERF, I have receipts, I have deets, and you should just go ahead and take a seat." "TERF" is an acronym meaning "trans- exclusionary radical feminist" that at least one dictionary defines as "an advocate of radical feminism who does not believe that transgender people's gender identities are legitimate, and who is hostile to the inclusion of trans-women in the feminist movement." "Receipts" and "deets" are slang words used to mean proof or evidence. Carter further explained that the "receipts" and/or "deets" referenced were evidence of Propson liking "incredibly transphobic and hateful rhetoric and content." Carter later explained that she made the post because people were confusing her for Propson.

Plaintiffs allege that because of Propson's online following, the allegations of her transphobia "spread quickly throughout the internet and became the source of multiple posts, comments, and blog articles." The allegations lowered her standing in the community, dissuaded people "in the content creation community" from associating with her, caused her to lose followers, and caused her to lose a contract with a travel documentary channel, various sponsorships, and a possible contract for a podcast deal….

The court concluded that these allegations were constitutionally protected opinion:

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