Brett Favre Files Amended Defamation Lawsuit vs. Pat McAfee; Alleges ‘Actual Malice’

Football

Joseph Zucker@@JosephZuckerTwitter LogoFeatured Columnist IVApril 15, 2023

Football MADISON, WISCONSIN - JUNE 11: Former NFL player Brett Favre walks off the 10th tee box during the Celebrity Foursome at the second round of the American Family Insurance Championship at University Ridge Golf Club on June 11, 2022 in Madison, Wisconsin. (Photo by Patrick McDermott/Getty Images)

Patrick McDermott/Getty Images

Football legend Brett Favre has amended his lawsuit against Pat McAfee to further allege the sports media personality committed “actual malice” with his comments about the Hall of Fame quarterback.

According to legal expert and attorney Daniel Wallach, Favre’s attorneys said McAfee “will not back down because the lie is the point.” They added the former punter “insists on knowing peddling lies about Favre because doing so helps McAfee accumulate more social media views, likes, and followers.”

Daniel Wallach @WALLACHLEGAL

BREAKING: Brett Favre files amended defamation lawsuit vs. Pat McAfee, adds 7 new paragraphs of “actual malice” allegations, and says McAfee knows the statements are false “because the lie is the point” and “helps McAfee accumulate more social media views, likes, and followers.” pic.twitter.com/Q4QAbAmQSS

Wallach also highlighted portions of the amended complaint:

Daniel Wallach @WALLACHLEGAL

Para. 24: “Nor was it ever alleged or argued in the MDHS proceeding that Favre had ever knowingly received welfare funds—much less that Favre had ever stolen money from poor people in Mississippi.” pic.twitter.com/nLC7uPbAV1

Daniel Wallach @WALLACHLEGAL

Para. 31: “McAfee’s refusal to retract his defamatory statements further demonstrates that McAfee is purposefully avoiding the truth, intentionally neglecting to investigate further, and deliberately maintaining his accusation to benefit from the gravity, controversy, and… pic.twitter.com/Kzw4S0RszN

McAfee was among the parties Favre sued for defamation in February based on comments he made about Favre’s alleged role in a larger scandal regarding misappropriated state funds in Mississippi.

Anna Wolfe of Mississippi Today published multiple investigations alleging Favre worked with private and public officials, including former Gov. Phil Bryant, to funnel money earmarked for state welfare funds toward a new volleyball stadium at his alma mater, Southern Mississippi.

Favre is also named in a civil lawsuit filed by the Mississippi Department of Human Services in May 2022. He had invested in a company that allegedly received millions from federal Temporary Assistance for Needy Families grant money.

McAfee is one of many in sports media who was sharply critical of Favre when the revelations came to light. Pro Football Talk’s Mike Florio questioned whether the defamation suit will ultimately be successful even after the original complaint was amended:

“While the revisions address the cosmetic flaws contained in the original filing, Favre still might face an uphill climb when trying to prove that McAfee’s comments amount to defamation of a public figure. The reported facts and circumstances seem to justify exactly what McAfee was doing — poking fun at the appearance that Favre may have indeed been aware that the public funding he allegedly, apparently, and/or actually was trying to finagle for one or more private projects was coming from cash that was allegedly, apparently, and/or actually intended for welfare recipients.”

McAfee said on March 31 his attorneys had filed a motion to dismiss the suit altogether.

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