Judge Jeanine Pirro just got a huge win on New York state court over a Black Lives Matter activist.
A Black Lives Matter organizer, DeRay Mckesson, sued Judge Jeanine Pirro for defamation over comments she made in an appearance on Fox News.
The judge today tossed the suit as frivolous garbage, citing the first amendment as grounds. From The Washington Times:
A New York judge sided with Fox News and its host Judge Jeanine Pirro Monday, dismissing a defamation case brought by a Black Lives Matter organizer who claimed the network and television host said he directed a protester to attack a police officer.
The lawsuit stemmed from of a 2017 television appearance where Ms. Pirro described a lawsuit brought by a police officer against DeRay Mckesson, a civil rights leader who appears at Black Lives Matter events, after a protester attacked and injured the officer.
Ms. Pirro said the officer “was injured at the direction of DeRay Mckesson.”
Mr. Mckesson filed his defamation challenge in 2017 after the network and host refused to retract the statements. He argued he couldn’t be held responsible for a rouge protester.
“Viewing the entire video sequence as a whole it is clear that Pirro is expressing her opinion that the plaintiff-officer should be allowed to pursue his civil complaint,” wrote Judge Robert David Kalish.
From TMZ: Black Lives Matter leader DeRay Mckesson is coming up short in his legal battle against Jeanine Pirro — his defamation lawsuit has been tossed out of court.
The judge dismissed the case, according to docs filed Thursday in NY state, saying most of the statements Pirro made about Mckesson during a “FOX & Friends” appearance were her opinion … and therefore protected by the First Amendment.
You’ll recall … DeRay sued Pirro and FOX News over comments she made back in 2017 when she essentially blamed him for inciting violence during a Baton Rouge protest. A police officer was injured during the incident, and Jeanine felt DeRay should’ve been held responsible for that.
From The Daily Wire:
Manhattan Supreme Court Justice Robert Kalish acknowledged that Pirro’s commentary was protected speech under the First Amendment, but made sure to take a swing at the host for her apparently off-putting “behavior” and “rhetoric.”
Justice Kalish “noted that Pirro’s own lawyer had described her shtick as ‘loud, caustic and hard hitting,'” The New York Daily News points out.
“Pirro’s lack of temperament, and caustic commentary is what she is known, celebrated and frequently criticized for,” wrote Kalish, adding: “However divisive one might find the subject two-minute sequence, the law of this state protects the expressions of opinion it represents.”
“That the Court find’s Pirro statement’s to be protected statements of opinion does not mean this Court agrees with Pirro’s opinions or condones her behavior or rhetoric,” wrote the justice. “This Court is not blind to the undertones in this segment.”
Mckesson told the Daily News that he was “obviously disappointed” by the outcome of the suit.
A NY judge tossed @deray's defamation suit against @JudgeJeanine because she's isn't exactly known for straight news.
“Pirro’s lack of temperament, and caustic commentary is what she is known, celebrated and frequently criticized for." https://t.co/qtVRlKnPP7— Stephen Brown (@PPVSRB) March 26, 2019
