From Magistrate Judge Robert Norway's report and recommendation in Frank v. Fine (M.D. Fla. Jan. 5), adopted by Judge Paul Byron on Jan. 19:
Plaintiff [Colby Alexander Frank] {a self-proclaimed "white civil rights advocate" and member of the "Goyim Defense League"} here alleges that Defendant [Randy Fine, a Florida legislator] defamed him by publishing certain statements on a social media platform. Those statements include:
- "I just got jumped by a Nazi with a camera walking into a widely publicized speaking event just now. I'm fine; not sure today will go down as one of his better days."
- "Clearly, he couldn't take it one on one, because as I left, four of his friends were hooting and hollering on the street corner. I got pictures, though being the cowards they are, most were masked."
- "Here's a pic of the Nazi who jumped me."
- "Here's the Nazi's background! Already being prosecuted for one violent felony. Such losers. Mom must not have hugged him enough."
- "The Nazis have released a two second clip from my ambush earlier this week, thinking it makes them look good. I don't think I've ever sounded more eloquent."
… [These statements cannot form the basis for a libel lawsuit] because they are opinions. Statements indicating a political opponent is a Nazi or coward are "odious and repugnant" and far too common in today's political discourse. But they are not actionable defamation "because of the tremendous imprecision of the meaning and usage of such terms in the realm of political debate." In other words, being called a Nazi or coward are not verifiable statements of fact that would support a defamation claim….
