From Grayson v. No Labels, Inc., decided today by Judge Paul Byron (M.D. Fla.):
This [libel] case arises from the August 28, 2018, Democratic Party Primary Election for a seat in the United States House of Representatives for Florida's Ninth Congressional District, in which Darren Soto defeated former Congressman Plaintiff Alan Grayson….
There are two categories of allegedly defamatory statements at issue. The Court examines these categories in turn and ultimately concludes that summary judgment in favor of Defendants is proper because there is no clear and convincing proof of actual malice….
[A.] The First Category: Plaintiff's Conduct as a Former Congressman
First, the Second Amended Complaint contests two print advertisements, or "mailers," containing the following statements: "Congressional Ethics Investigation Found Alan Grayson Abused His Office for Financial Gain"; "A Congressional Ethics Investigation found evidence that Alan Grayson Abused His Position in Congress to enrich himself"; "as a congressman, he … [h]id income on his public disclosures" and "[u]sed taxpayer resources to conduct his high-risk investor scheme"; "Alan Grayson Used His [Congressional] Office For His Own Financial Gain." The Second Amended Complaint describes the first mailer as a picture of Plaintiff lounging on the beach in the Cayman Islands with a cocktail. It describes the front of the second mailer as a picture of a figure striding towards a jet bound for the Cayman Islands, an attaché case in hand. On the back, the open attaché case reveals stacks of cash and Plaintiff's passport photograph, with dollar signs replacing his eyes.
