Last year, former NFL quarterback Brett Favre filed a defamation lawsuit against Shannon Sharpe and Pat McAfee due to comments they made regarding Favre’s alleged involvement in a political corruption scandal in Mississippi.
During an episode of Undisputed, Shannon Sharpe, who was working for Fox Sports at the time, criticized Favre, stating, “You got to be a sorry mofo to steal from the lowest of the low.”
U.S. District Judge Keith Starrett eventually dismissed Favre’s lawsuit against Sharpe, citing that Sharpe’s comments were protected by the First Amendment. In his ruling, Judge Starrett wrote, “Because Sharpe’s comments are constitutionally protected rhetorical hyperbole using loose, figurative language, they cannot support a defamation claim as a matter of law.” He further elaborated, “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.”
Recently, amidst news that the journalist who first reported on Favre’s alleged involvement in the Mississippi welfare scandal is facing prison time, Favre has requested a federal appeals court to reconsider his defamation lawsuit against Sharpe.
Kevin McGill of the Associated Press reported that Favre’s lawyer, Amit Vora, argued before the three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans. Vora contended that Sharpe’s comments amounted to defamation, asserting, “That’s actual defamation, because that reasonable listener is taking the word ‘steal’ literally and not figuratively.”
Vora further claimed during oral arguments, “He’s unable to counteract this insidious and spreading lie. There’s readily available evidence that viewers, in fact, took this accusation literally [and] that this accusation harmed Favre’s reputation. In fact, [Favre] has never stolen money from anyone, and yet that evidence may never see the light of day. It renders Favre powerless to counteract this attack on his reputation.”
On the other side, Shannon Sharpe’s attorney, Joseph Terry, defended Sharpe’s comments, stating, “If you read his comments in context, it’s quite clear that he was expressing his opinions rhetorically, fiery, but they were protected by the First Amendment.”
The three judges on the appeals panel did not specify when they would issue a ruling on the lawsuit, but a decision is expected to be made in the coming weeks.
The outcome will determine whether Brett Favre’s defamation case against Shannon Sharpe will be revived or remain dismissed.