Supreme Court rejects Roy Moore's push to restore $8.2M defamation verdict

Law Journals

The U.S. Supreme Court on Monday turned away an appeal from former Alabama Chief Justice Roy Moore, leaving intact a ruling that wiped out the $8.2 million defamation verdict he won over a political ad aired during his 2017 U.S. Senate campaign.

By declining to hear the case, the justices let stand a decision by the 11th U.S. Circuit Court of Appeals that set aside a jury's finding that the ad had defamed Moore. The outcome is a win for Senate Majority PAC, the Democratic-aligned super PAC that paid for the ad and has maintained that it was accurate.

Monday's order follows an earlier setback for Moore. In June, the Court denied his emergency request to freeze the 11th Circuit ruling while his appeal was pending.

Background of the 2017 race

Moore, known for his opposition to same-sex marriage and his support for displaying the Ten Commandments in public places, lost the 2017 Senate election after his campaign was engulfed by allegations of misconduct. Leigh Corfman accused Moore of touching her inappropriately in 1979, when she was 14 and he was a 32-year-old assistant district attorney. Moore denied the allegation. Other women said Moore had dated them or asked them out when they were in their late teens.

The disputed ad

Senate Majority PAC financed Highway 31, a group that ran a heavy advertising campaign against Moore during the race. Moore's defamation suit focused on one of its television spots. His lawyers argued that the ad combined statements and fragments of quotes from different news stories in a way that falsely suggested he had been accused of soliciting sex from young girls at a shopping mall. They described it as a "fabricated accusation, never made by any reporter," and said it aired 533 times in Alabama in the closing days of the election.

From jury win to reversal

A federal jury sided with Moore in 2022 and awarded him $8.2 million. The 11th Circuit later vacated that award, concluding that Moore had not proven the PAC acted with actual malice, the standard a public figure must meet to win a defamation claim.

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