Flynn v. Cable News Network, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOHN P. “JACK” FLYNN, et al., Plaintiffs, -against- 21-cv-2587 (AS) CABLE NEWS NETWORK, INC., ORDER Defendant.

ARUN SUBRAMANIAN, United States District Judge: After reviewing the parties’ summary-judgment briefs, the Court would like supplemental briefing on one issue: whether Defendant’s alleged statement or implication that Plaintiffs were “QAnon followers” is a non-actionable opinion for purposes of both the First Amendment and Rhode Island law. In addition to conducting their own research, counsel should consider the following authorities: e Milkovich y. Lorain J. Co., 497 U.S. 1 (1990); e Cheng v. Neumann, 51 F.4th 438 (1st Cir. 2022); e Biro v. Conde Nast, 883 F. Supp. 2d 441, 467-69 (S.D.N.Y. 2012), and the cases it cites; e Beattie vy. Fleet Nat. Bank, 746 A.2d 717 (R.I. 2000); e Healey v. New England Newspapers, Inc., 520 A.2d 147 (R.I. 1987); e Restatement (Second) of Torts § 566 (1977). Defendant shall submit a letter, not exceeding three single-spaced pages, by February 16, 2024, at 5:00 p.m. Plaintiff shall submit its letter (of the same length) by February 23, 2024, at 5:00 p.m. SO ORDERED. Dated: February 8, 2024 New York, New York

ARUN SUBRAMANIAN United States District Judge