Lawyers Utilizing Defamation Lawsuits to Combat Political Disinformation

It’s always $148,169,000 that a jury ordered Rudolph W. Giuliani to pay the Georgia Election workers Ruby Freeman and Shaye Moss, a number that Michael J. Gottlieb, a partner at the firm Willkie Farr & Gallagher, can never seem to forget. Ms. Freeman’s post-victory words still resonate with him: “Don’t waste your time being angry at those who did this to me and my daughter,” said Ms. Freeman, as she and her daughter Ms. Moss were falsely accused by Mr. Giuliani of aiding an imagined plot to steal the 2020 presidential election. “We are more than conquerors.”

A decade ago, the two women would have struggled to find legal representation, but Mr. Gottlieb, a former associate counsel in the Obama White House, took their case pro bono. He, along with Protect Democracy, a nonpartisan group, has been utilizing defamation laws to combat political disinformation. Mr. Gottlieb has also represented others harmed by viral lies, such as the owner of the Washington pizzeria targeted in the “Pizzagate” conspiracy theories and the brother of Seth Rich, a DNC staff member falsely accused of involvement in his own murder.

The rise of social media and the Trump era have led to a surge in defamation cases, with high-profile lawsuits making their way through the courts. While the majority have been brought against defendants on the right, the right also files lawsuits, often against media organizations. Recent victories in defamation cases against prominent figures like former President Donald J. Trump and Fox News have highlighted the effectiveness of using defamation as a legal tool against false narratives.

However, individuals like Ms. Freeman and Ms. Moss often struggle to afford legal representation or find firms willing to pursue defendants who are unable or resistant to paying significant damages. Mr. Gottlieb and his team have taken on these cases, viewing them as a “hobby” in service to those whose lives and reputations have been tarnished by powerful and influential figures spreading disinformation.

Mr. Gottlieb, known for his work with powerful clients at his day job, considers his defamation cases a different aspect of his legal practice, helping individuals who have been targeted by falsehoods. He believes in standing up against bullies and using the law to protect the lives and reputations of those who cannot defend themselves. His work in the post-truth world has brought important victories against those who seek to harm others through misinformation.

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