Sixth Circuit affirms dismissal of John Higgins' lawsuit against Kentucky Sports Radio

This morning, the Sixth Circuit of the United States Court of Appeals affirmed the dismissal of referee John Higgins’ federal lawsuit against Kentucky Sports Radio, Matt Jones, and Drew Franklin on the grounds of the First Amendment.

Higgins sued KSR in October 2017 for intentional infliction of emotional distress, invasion of privacy, tortious interference with a business, and civil conspiracy after fans left him threats following the Kentucky/North Carolina game in the 2017 Elite Eight. In March 2019, the lawsuit was dismissed by U.S. District Judge Joseph M. Hood, and in June, Higgins filed an appeal.

From today’s ruling:

Perceived missteps in the public eye these days all too often unleash torrents of anonymous online hate. One can hardly blame the victim of such onslaughts for wanting redress. Or blame him for taking aim at the only members of the mob with faces: pundits like Jones and like Franklin who at times took too much glee in reporting on the misery of others. But a gulf lies between commenting on harassment and causing it. And in that respect, the First Amendment protects the rights of sports radio talk show hosts just as it protects the rights of presidents. Those who step into the public limelight, even temporarily, must face the hazard that sometimes comes with it. Should they find a commentator’s discussion of their foray into public life unsavory, they cannot easily “cry ‘Foul!’” Monitor Patriot Co. v. Roy, 401 U.S. 265, 274 (1971).

We affirm.

You can read the entire ruling here.