Victory for The Irish Rover : Appellate Court Affirms Free Speech Rights of Student Journalists

South Bend, Indiana – Last week, the Indiana Court of Appeals upheld the dismissal of a defamation lawsuit filed against The Irish Rover, an independent student newspaper at the University of Notre Dame, by Dr. Tamara Kay, a tenured professor at the University.

The Court of Appeals affirmed a lower court's decision to dismiss Dr. Kay's lawsuit under Indiana's anti-SLAPP statute, which protects free speech on matters of public interest. The lawsuit stemmed from two articles published by The Irish Rover in October 2022 and March 2023, discussing Dr. Kay's views on abortion access and related activities.

The Court of Appeals agreed with the trial court that The Irish Rover acted in good faith and had a reasonable basis in law and fact when it published the articles, which were based on Dr. Kay's own public statements, social media posts, and writings. The court also found that The Irish Rover did not act with malice, meaning it did not knowingly publish false information or act recklessly.

“This ruling is a monumental victory, not only for student journalists, but for free speech itself. It sends a clear message that the press has the right to report on matters of public concern without fear of censorship through costly and meritless lawsuits,” said James Bopp, Jr., lead counsel for The Irish Rover. “Anti-SLAPP laws are crucial for ensuring that journalists and media outlets can fearlessly pursue the truth and inform the public, whether on a school campus or in the broader community.”

SLAPP stands for “Strategic Lawsuit Against Public Participation.” These lawsuits are often used to silence and intimidate critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition . Anti-SLAPP laws aim to prevent such censorship by allowing defendants to seek early dismissal of these meritless claims. Furthermore, many anti-SLAPP statutes, like Indiana's, require the plaintiff to cover the defendant's attorney fees if the lawsuit is unsuccessful.