First and foremost, we're not really sure if a retweet qualifies as defamation given so much garbage content on the Internets and the murky waters of social media discourse.
Nevertheless . . .
This case is important for the future of free speech and/or costs that Missouri taxpayers are forced to pick up . . .
The three senators are being represented by Attorney General Andrew Bailey and their filings have claimed legislative immunity for their social media posts and that the Kansas federal court where the case was filed has no jurisdiction over them.
“Defendant’s assertion of immunity depends on a facts not conceded by plaintiff: whether or not Defendant was engaged in ‘legitimate legislative activity,’” Loudermill’s attorneys wrote in a response to Schroer’s motion to dismiss the case. “And that factual contention involves issues of whether or not defendant was formulating, making, determining, creating or opposing legislative policy.”
The filings demand a chance to conduct an investigation of the immunity claim if the case cannot move forward without a determination.
Read more via www.TonysKansasCity.com link . . .
Missouri senators' immunity claims challenged in Chiefs parade shooting defamation suit * Kansas Reflector
The Kansas man suing three Missouri lawmakers for defamation is challenging their assertions were made in the course of official business.
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