The saga surrounding the defamation lawsuit brought against actor Alec Baldwin by the family of a deceased US marine, Lance Corporal Rylee McCollum, continues. Despite a federal judge’s initial dismissal of the lawsuit in August, the family’s lawyer, Dennis Postiglione, has announced that a rewritten version of the lawsuit will be filed by the September 12 deadline. The lawsuit alleges that Baldwin subjected family members to online threats and harassment after he posted and commented on a photo shared online by Roice McCollum, one of Mr. McCollum’s sisters, which was taken during the January 6, 2021 insurrection.
The initial lawsuit, which sought 25 million US dollars in damages, was dismissed by Judge Edgardo Ramos in Manhattan, who concluded that Baldwin’s comments were protected by the First Amendment, and that actual malice was not sufficiently alleged. The judge also ruled that private messages, comments, and social media posts did not support the family’s claims of defamation and intentional infliction of emotional distress.
Despite the setback, Postiglione is confident that the rewritten lawsuit will address the issues the judge raised, stating that “we disagree with the analysis by the court but believe an amended complaint will address the issues presented.” He declined to elaborate on the specific changes that will be made to the lawsuit.
Baldwin’s lawyer, Luke Nikas, has responded to the news, calling the dismissal of the lawsuit a “victory for the First Amendment.” He added that the plaintiffs have already amended their complaint three times and that he fully expects the court to uphold Baldwin’s First Amendment rights and dismiss the lawsuit again.
Lance Corporal Rylee McCollum (Via Rylee McCollum/Twitter)
The controversy surrounding Baldwin’s social media actions dates back to January 2022, when he saw Roice McCollum post a picture of demonstrators from former president Donald Trump’s rally taken on the day Congress counted the Electoral College votes from the 2020 presidential election. Baldwin told Roice McCollum he would share the photo with his 2.4 million Instagram followers and wrote “Good luck,” according to the lawsuit.
Roice McCollum, a central figure in the lawsuit, has consistently maintained that she did not take part in, nor did she support or condone the rioting that erupted at the Capitol. She was subsequently cleared of any wrongdoing after meeting with the FBI.
The case has sparked heated debate over the limits of free speech and the potential consequences of online harassment. Many have argued that Baldwin’s actions were not only hurtful but also potentially damaging to the family’s already grieving process. Others have defended Baldwin’s right to express his opinions, even if they may be unpopular or divisive.
As the rewritten lawsuit moves forward, it is likely that the debate will continue to rage on. Will the revised lawsuit be able to overcome the legal hurdles that led to the initial dismissal? Only time will tell. One thing is certain, however: the struggle for accountability and justice in the digital age has only just begun.
