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Reason
Reason
Politics
Eugene Volokh

Not Judge Judy, Juror Judi—But "Stupid Mistake" Isn't "Actual Malice" for Libel Purposes

From Scheindlin v. Accelerate 360, LLC, decided today by Judge Kyle Dudek (M.D. Fla.):

For many decades, Plaintiff Judy Sheindlin—known to millions of daytime television viewers simply as Judge Judy—has cultivated a public reputation as a tough-on-crime, no-nonsense arbitrator. The defendants in this case, A360 Media, LLC and Accelerate360, LLC (collectively "A360"), operate in a very different sphere: they publish and distribute celebrity news and tabloids, including the National Enquirer and In Touch Weekly.

In April 2024, their worlds collided. A360 published articles claiming that Sheindlin had appeared in a true-crime docuseries to advocate for the resentencing of Lyle and Erik Menendez, the notorious brothers convicted of murdering their parents. The articles reported that Scheindlin felt the brothers had been railroaded. And they quoted her as claiming the trial was "rigged."

It turns out none of this was true. An A360 reporter had watched a clip from the docuseries and mistakenly identified a different older woman—an alternate juror named Judi Zamos—for the famous television judge. Predictably, Sheindlin was not pleased. She filed this defamation lawsuit, alleging that the false reports subjected her to public ridicule and tarnished her carefully curated brand.

A360 now seeks summary judgment. It readily admits the stories were wrong, but argues that the misidentification was an honest, if unfortunate, mistake. Because of this, A360 contends that Sheindlin cannot clear the high constitutional hurdle of proving actual malice—a strict requirement for public figures suing for defamation. Furthermore, A360 argues that Sheindlin cannot prove she suffered any actual, compensable damages under Florida law.

Because the First Amendment requires a showing of actual malice rather than mere negligence, and because Sheindlin has failed to produce evidence meeting that heavy burden, her defamation claim must fail. A360's motion for summary judgment is thus GRANTED….

Here's the court "side-by-side comparison of the two" women's images:

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