(JONATHAN TURLEY) – A University of Notre Dame sociology professor, Tamara Kay, is suing a college newspaper for defamation after the students wrote articles on her advocacy for abortion rights. The Irish Rover is an independent, conservative publication and the students are standing by their coverage.
A review of the complaint raises more questions than answers on the basis for this rare lawsuit against student journalists. Indeed, the editors have doubled down and this week they ran a column declaring “Professor Kay’s allegations against the Rover are entirely false.” Their lawyers are reportedly preparing an anti-SLAPP motion to dismiss, claiming that Kay is seeking to intimidate student journalists. These motions are used by media because, as the Reporters Committee on the Freedom of the Press explained, “SLAPPs have become an all-too-common tool for intimidating and silencing criticism through expensive, baseless legal proceedings.” Yet, it is rare to see an academic accused of such harassing lawsuits.
Professor Kay has every right to protect her reputation through defamation actions and such lawsuits can protect against harassment and abuse by the media. The problem is that Kay is alleging statements as false that other journalists have found to be true or matters of interpretation. The complaint does not appear particularly compelling.
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