Lawyers for retired NFL quarterback Brett Favre have asked a federal appeals court to revive a defamation lawsuit Favre filed against fellow Pro Football Hall of Fame member, former tight end Shannon Sharpe. This legal battle unfolds against the backdrop of a Mississippi welfare scandal, one of the state’s largest public corruption cases.
In October, a federal judge in Mississippi dismissed the lawsuit, ruling that Sharpe’s comments on a sports broadcast were protected by the First Amendment. Sharpe had criticized Favre’s alleged involvement in the welfare misspending case during a September 2022 episode of the Fox Sports show “Skip and Shannon: Undisputed.” Sharpe accused Favre of “taking from the underserved,” “stealing money from people that really needed that money,” and being a “sorry person” for “stealing from the lowest of the low.”
Favre’s lawyer, Amit Vora, argued before the 5th U.S. Circuit Court of Appeals in New Orleans that Sharpe’s statements amounted to actionable defamation. Vora contended that a reasonable listener would interpret Sharpe’s use of the word “steal” literally, not figuratively.
Sharpe’s attorney, Joseph Terry, countered that Sharpe’s remarks were clearly opinions expressed in the context of discussing a news report on the Mississippi welfare scandal and its potential impact on Favre’s legacy. Terry emphasized that Sharpe’s comments were rhetorical and not meant to be taken as factual assertions.
The panel of judges did not indicate when they would issue a ruling.
Mississippi State Auditor Shad White has reported that from 2016 to 2019, the Mississippi Department of Human Services misspent over $77 million from the Temporary Assistance for Needy Families (TANF) program, which is intended to help some of the poorest people in the U.S. Among White’s findings was that Favre improperly received $1.1 million in speaking fees from a nonprofit organization that used TANF funds with the approval of the Department of Human Services. The money was intended for a $5 million volleyball arena at the University of Southern Mississippi, where Favre attended and where his daughter played the sport.
Favre has repaid the $1.1 million, but White stated in a February court filing that the former quarterback still owes $729,790 due to interest accruing on the original amount. Favre, who resides in Mississippi, has denied any wrongdoing and is not facing criminal charges. He is, however, among more than three dozen individuals or companies being sued by the state Department of Human Services.
U.S. District Judge Keith Starrett’s October ruling stated that Sharpe’s remarks were constitutionally protected “rhetorical hyperbole.” Starrett wrote, “Here, no reasonable person listening to the Broadcast would think that Favre actually went into the homes of poor people and took their money — that he committed the crime of theft/larceny against any particular poor person in Mississippi.”
Favre’s attorneys argued in a brief that the ruling mischaracterized Sharpe’s remarks. They stated, “Here, a reasonable listener could and would have interpreted Sharpe’s repeated statements to the effect that Favre ‘stole money’ from ‘the underserved’ as factual assertions about Favre.”
Sharpe’s attorneys maintained that Starrett’s ruling was correct, describing Sharpe’s comments as “loose, figurative language between media commentators about a significant public controversy important to the discourse of our nation.”
The case continues to draw attention as it highlights the intersection of free speech, public opinion, and legal accountability in the context of a high-profile public corruption scandal. The outcome of the appeal could have significant implications for both Favre and Sharpe, as well as for the broader conversation about the limits of free speech and defamation in media commentary.
Source: Associated Press
