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On Friday, when the case went to the jury, I made my prediction based on what I had seen in the court room:
“As for defamation liability, I think the jury will find that:
(1) MyPillow has none;
(2) FrankSpeech has some — I’m not sure the platform distinction was made strongly enough to the jury, and the most damning of the defamatory statements were made by other people (Oltmann, Peters, etc.) on Frankspeech; and
(3) Lindell is a toss up…
Re: Lindell: Based on the facts, the evidence, and the law, I don’t believe Lindell has liability for defaming Eric Coomer. But the plaintiffs did a good job of confusing the issue, and the judge already ruled that the statements are defamation by themselves (per se). That being said, the defense was compelling that Lindell believes what he was saying and still does, and that his motivations did not include malice against Coomer. So, toss up.
This is just my gut based on what I saw. I haven’t seen the jury instructions, and I’m not an attorney, so take it with a grain of salt. The jurors were engaged and I believe they’re taking their job very seriously. It’s going to come down to the jury instructions, imo.”
On Monday, the jury found that MyPillow was not liable in the defamation case brought by Eric Coomer. Mike Lindell and FrankSpeech were found liable. From Men’s Journal:
After a two-week trial, Axios reported, the Denver jury awarded Coomer $440,500 in damages to be paid directly by Lindell, and $1.9 million to be paid by FrankSpeech.
The first defamatory statement, CPR reports, was made on May 9, 2021, when Lindell urged Coomer to turn himself in for election stealing, saying, “I mean, you are disgusting, and you are treasonous. You are a traitor to the United States of America.”
The second statement came in an interview on FrankSpeech, CPR noted. “Eric Coomer, you are a criminal. Eric Coomer, your lawyers better look out. I’m not putting up with this,” Lindell said. “You’ve been a part of the biggest crime this world has ever seen.”
The third defamatory statement wasn’t made by Lindell but rather was made by someone else at an event broadcast on FrankSpeech.”
“The third defamatory statement” for which FrankSpeech was found liable was the remarks made by Professor David Clements at the Cyber Symposium in August 2012.
I’m not aware of anyone else that made a prediction, but I’d be interested if anyone got closer than I. This was the most likely outcome based on the facts, the evidence, and the law. Also, MyPillow being found not liable is a win for small business and new media.
Mike Lindell joined me on Monday night to discuss the verdict, and he is optimistic. (Full Episode)
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