Retired NFL quarterback Brett Favre is seeking to revive a defamation lawsuit against former tight end Shannon Sharpe in a federal appeals court. The lawsuit was initially dismissed by a federal judge in Mississippi, who ruled that Sharpe's comments criticizing Favre's connection to a welfare misspending case were constitutionally protected speech.
During a September 2022 broadcast of the Fox Sports show “Skip and Shannon: Undisputed,” Sharpe accused Favre of 'taking from the underserved' and 'stealing money from people that really needed that money.' These remarks were made in the context of a Mississippi welfare scandal, where the Mississippi Department of Human Services misspent over $77 million from the Temporary Assistance for Needy Families program.
One of the findings of the State Auditor was that Favre received $1.1 million in speaking fees from a nonprofit organization that used TANF funds for a volleyball arena project at The University of Southern Mississippi. While Favre has since repaid the $1.1 million, he still owes $729,790 in interest.
Favre, who resides in Mississippi, has denied any wrongdoing and is not facing criminal charges. The federal judge's ruling stated that Sharpe's comments were considered 'rhetorical hyperbole' and not factual assertions of theft by Favre.
Favre's attorneys argue that Sharpe's remarks should be interpreted as factual assertions, while Sharpe's attorneys maintain that the comments were part of a larger public discourse on the welfare scandal.
The case now rests with the 5th U.S. Circuit Court of Appeals, where Favre hopes to have the lawsuit reinstated. The outcome of this legal battle will have implications for the boundaries of free speech and defamation in the context of public controversies.