A federal judge this week dismissed a $25 million defamation lawsuit against Alec Baldwin that was filed by relatives of a Marine killed in Afghanistan about comments regarding Jan. 6, court records show.
The defamation lawsuit revolves around social media comments Baldwin made after Roice McCollum — a sister of slain Lance Cpl. Rylee J. McCollum — posted a photo of someone in a “Make America Great Again” hat.
Baldwin had donated $5,000 to McCollum’s wife after the Marine was killed with 12 other service members in a 2021 bomb attack in Kabul.
In January 2022, Roice McCollum posted an Instagram photo of someone wearing a “Make America Great Again” hat at the Washington Monument on the day of the Jan. 6 attack on the Capitol, and Baldwin lashed out at her on social media, according to the lawsuit.
“When I sent you the $ for your late brother, out of a real respect for his service to our country, I didn’t know you were a January 6th rioter,” Baldwin allegedly wrote in messages saved by the plaintiff, according to the lawsuit.
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Roice McCollum has not been charged with any crime related to the Jan. 6, 2021, attack. She was in Washington but did not take part in the riot, did not enter the Capitol and was cleared by the FBI, the lawsuit says.
The judge said that the family members suing Baldwin could still file an amended complaint in the case.
A lawyer representing them did not immediately respond to a request seeking comment, and it’s not clear if an amended complaint will be filed against Baldwin.
The judge set a Sept. 12 deadline, and if none is filed, the case will be closed.
U.S. District Judge Edgardo Ramos wrote in his opinion that some of the defamation claims — including the one about “January 6th rioter” — were in private messages and not actionable as defamation. He found other comments were protected under the First Amendment.
Luke Nikas, an attorney for Alec Baldwin, said Baldwin has the right to express his opinions about Jan. 6. “The dismissal of this case is a victory for the First Amendment,” he said.
A lawsuit against Bladwin had previously been dismissed, and it was revived in September of 2022.
Source: | This article originally belongs to Nbcnews.com
