NEW ORLEANS (AP) — On Monday, a federal appeals court declined to reinstate a defamation lawsuit that former NFL quarterback Brett Favre filed against Shannon Sharpe, a fellow member of the Pro Football Hall of Fame.
Favre’s lawsuit stemmed from comments Sharpe made in 2022 during a Fox Sports show, which discussed a growing scandal involving the misappropriation of welfare funds in Mississippi. This scandal involved significant amounts of money that were allegedly diverted to wealthy individuals.
Mississippi State Auditor Shad White claimed that Favre improperly received $1.1 million in speaking fees intended for a volleyball facility at The University of Southern Mississippi. Favre played football there, and his daughter was on the volleyball team. These fees came from a nonprofit organization that had used funds from the Temporary Assistance for Needy Families program, with approval from the state’s Department of Human Services.
During the show, Sharpe accused Favre of “taking from the underserved” and said he “stole money from people who really needed it.” Sharpe expressed that it was shameful for someone to take advantage of those in desperate circumstances.
While Favre was not charged with any crimes, he did repay the $1.1 million. In a February court filing, White indicated that Favre still owed $729,790 due to accrued interest on the original sum.
Favre initiated the lawsuit because of Sharpe’s remarks on the show. A federal district judge dismissed the case, and now the 5th U.S. Circuit Court of Appeals has upheld that decision.
The court ruled that Sharpe’s comments were protected under the First Amendment as opinions grounded in facts that were publicly available. Judge Leslie Southwick, writing for a unanimous three-judge panel, stated that Sharpe’s remarks were better understood as strong opinions about the widely covered welfare scandal.
Southwick noted that any inaccuracies in Sharpe’s comments were addressed during the broadcast by Sharpe’s co-host, who emphasized that Favre had not faced criminal charges and had repaid the original $1.1 million. Additionally, Southwick pointed out that Sharpe acknowledged Favre’s claim of being unaware of the funds’ origin during the program.
“When Sharpe made his statements, the relevant facts were already public, and he had the right to express his viewpoint about those facts, even if it was harshly critical,” Southwick wrote.
