Bongino’s criticism of Parler CEO was a ‘hyperbolic rant,’ not slander, Nevada court rules

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Bongino’s criticism of Parler CEO was a ‘hyperbolic rant,’ not slander, Nevada court rules

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The website of the societal media level Parler is displayed successful Berlin, Jan. 10, 2021. The platform's logo is connected a surface successful the background. Photo by: Christophe Gateau/dpa via AP

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Right-wing media property and erstwhile FBI lawman manager Dan Bongino did not slander the CEO of a blimpish societal media web successful a livestream due to the fact that Bongino’s comments were portion of a “hyperbolic rant” and were truthful opinions incapable of being false, the Nevada Supreme Court decided earlier this month.

The long-simmering escaped code quality betwixt Bongino, who astatine the clip was a fashionable vigor host, and John Matze, a co-founder and the erstwhile CEO of Parler, goes backmost to 2021, not agelong aft Parler was deplatformed successful the aftermath of the deadly Jan. 6, 2021, mob onslaught of the U.S. Capitol. Matze was past fired from the formerly Henderson-based company.

Bongino, who held a number ownership involvement successful Parler, took to Facebook Live to antagonistic Matze’s communicative astir his firing arsenic reported successful an nonfiction posted to the Fox Business website.

“With Bongino’s relation arsenic an insider astatine Parler, Matze asserts that determination is an accusation of cognition of underlying facts, alternatively than opinion,” a three-judge sheet of authorities ultimate tribunal justices wrote successful a May 7 order. “But a connection astir whether a erstwhile worker made decisions that were atrocious oregon unspeakable besides constitutes an unverifiable opinion. Courts that person considered akin vague statements person concluded they were non-verifiable and truthful held them to beryllium opinions arsenic a substance of law.”

The panel heard oral arguments connected the entreaty successful December.

Matze said Bongino accused him of impropriety, misconduct and lying. In a still-active wrongful termination suit successful Clark County territory court, Matze alleges that the deplatforming led to his dismissal by Republican megadonor Rebekah Mercer, different co-founder who funded Parler during its launch. As portion of that suit, helium alleged that Bongino defamed him successful the livestream arsenic portion of a conspiracy with others associated with Parler.

Court documents punctuation Bongino arsenic saying connected his stream, “let maine beryllium crystal wide connected this. He makes 2 points, that ‘Oh, I was a large advocator for escaped speech, it was my vision,’ and ‘I was a large advocator for merchandise stability’… That is not true. That is false.”

Bongino and different defendants moved for dismissal nether Nevada’s anti-SLAPP — oregon Strategic Lawsuits Against Public Participation — law. The territory tribunal denied the motion, and they appealed to the authorities precocious tribunal successful May 2023.

“We reason that Bongino’s video expressions thin to amusement a governmental commentator connected a hyperbolic rant. Although Bongino purported to supply viewers with ‘the existent story’ and ‘correct the record’ regarding Matze’s termination, the gist of Bongino’s statements arsenic a full is that helium believed that himself and others astatine Parler were much committed to protecting escaped code and merchandise stableness connected the level than Matze. These statements, constituting astir of Bongino’s rant, are plainly unverifiable opinions.”

Parler, which Matze co-founded successful 2018, had pitched itself arsenic a spot for escaped expression. It was held up arsenic an alternate to much moderated societal media options specified arsenic Facebook and X, past known arsenic Twitter, and became a hotbed of far-right activists and supporters of President Donald Trump.

It went acheronian aft the Capitol onslaught by pro-Trump extremists who sought to forestall Congress from certifying his 2020 nonaccomplishment to Joe Biden successful the statesmanlike race, Trump’s archetypal effort astatine a 2nd term. Apple and Google removed Parler from their app stores and Amazon Web Services declined to big the site. They said it allowed posts that incited the violence.

The Nevada Supreme Court lone considered the determination connected the anti-SLAPP motion. The underlying wrongful termination suit remains progressive successful territory court.

Parler has since relaunched nether caller ownership.

Bongino, a erstwhile New York constabulary serviceman and U.S. Secret Service cause and longtime commentator, served for astir 10 months arsenic the lawman manager of the FBI during the existent Trump administration. He resigned successful January. He again hosts a podcast.

Matze was represented by Pisanelli Bice. The steadfast besides represents the Sun.

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