Irish Rover Files Response to Appeal by an Abortion Advocate and Notre Dame Professor Who Filed a Now Dismissed Defamation Suit Against Them

South Bend, Indiana - On Friday, The Irish Rover, an independent, non-profit, student publication “devoted to preserving the Catholic identity of Notre Dame” filed a response in the Indiana Court of Appeals to an appeal by abortion advocate and Notre Dame Professor Tamara Kay in her attempt to revive a dismissed defamation suit against them. The Irish Rover is represented by The Bopp Law Firm.

The Irish Rover published two articles about Dr. Kay—each of which accurately reported on Dr. Kay's public statements advocating for abortion rights and abortion access following the Dobbs decision, which overturned Roe v. Wade, and following the subsequent passage of Indiana's abortion law.

Dr. Kay posted a sign on her Notre Dame office door which stated, “This is a SAFE SPACE to get help and information on ALL Healthcare issues and access— confidentially with care and compassion.” Dr. Kay's twitter account regularly shared information supporting her pro-abortion stance—including information about “Plan C Pills” (a common term for pills used to induce abortion, often at home).

Dr. Kay also spoke to a meeting of Notre Dame College Democrats in which she explained her scholarship and advocacy work on abortion rights and abortion access while being a professor at Notre Dame.

Even though The Irish Rover's articles were factually accurate, Dr. Kay sued The Irish Rover for defamation in state court in South Bend.

When someone exercises his right to free speech on a matter of public concern and then is sued for doing so, Indiana law offers special protections for the defendant. In recent years, “Strategic Lawsuits Against Public Participation” (“ SLAPP ”) suits have become more common. SLAPP suits, which are frivolous lawsuits designed to intimidate the speaker from exercising his right to free speech, have become more common. “Anti- SLAPP” laws provide a way for such frivolous law suits to be quickly dismissed, protecting the defendant's First Amendment rights and allowing the successful defendant to seek attorney fees against the plaintiff who brought the frivolous suit.

The trial court dismissed Dr. Kay's suit because The Irish Rover showed its published articles were an exercise of its constitutional right to free speech in connection with a public issue and were “lawful” under Indiana's defamation law. The trial court found The Irish Rover's articles: (1) were true; (2) the Rover didn't write them knowing they were false or with a reckless disregard to the truth; (3) did not contain defamatory imputations (because they accurately described Dr. Kay's pro-abortion positions, which cannot be defamatory if she herself espouses them); and (4) did not cause Dr. Kay's any damages.

“Indiana's Anti-SLAPP law is designed to prevent needless expense and litigation that has no chance of success and is simply designed to shut up and punish an organization like The Irish Rover,” stated James Bopp, Jr., lead counsel for The Irish Rover. “The trial court applied Indiana's law correctly, and we look forward to continuing to work with organizations like The Irish Rover to protect them from this kind of baseless litigation.”