The United States Court of Appeals for the Eleventh Circuit has overturned $8.2 million in damages won by former Republican Senate candidate Roy Moore (AL) after he sued the Senate Majority PAC (SMP) for defamation over an advertising campaign that alleged that he was banned from a mall for "soliciting sex from young girls."
In his 2019 lawsuit, Moore contended that SMP's 2017 Senate campaign advertisement was a "deliberately constructed maze of lies and deception."

"SMP argues that Moore failed to meet the demanding constitutional actual malice standard; therefore, Moore's defamation and false-light invasion of privacy claims necessarily fail as a matter of law," Trump-appointed Judge Elizabeth L. Branch wrote in her 45-page opinion for the panel of three judges this week. "Specifically, SMP argues that Moore did not present clear and convincing evidence that SMP subjectively knew or recklessly disregarded that its ad ... implied that Moore solicited sex from Wendy Miller when she was 14 years old and working as Santa's helper."
"[W]e agree that the record does not contain sufficient clear and convincing evidence to support the jury's actual malice finding," she continued. "We thus vacate the jury's verdict, reverse the denial of SMP's motion for judgment as a matter of law, and remand for entry of judgment in favor of SMP."
"Because the evidence discussed above is inadequate to support a finding of the necessary intent to defame for purposes of actual malice in a defamation-by-implication case, Moore's defamation and false-light claims necessarily fail."
Moore lost his 2017 bid for Senate to Democratic candidate Doug Jones after nine women came forward alleging misconduct.


