Federal Judge Dismisses Defamation Case Against Shannon Sharpe by Brett Favre, Citing Protected Speech and Hyperbole

On Monday, U.S. District Judge Keith Starrett dismissed the defamation lawsuit initiated by retired NFL player Brett Favre against his fellow retiree and former NFL player, Shannon Sharpe. The court determined that Sharpe was engaged in constitutionally protected speech during a sports broadcast in which he critiqued Favre’s involvement in a welfare misallocation case in Mississippi.

Sharpe, a former tight end in the NFL, had made statements on the Fox Sports talk show “Skip and Shannon: Undisputed,” suggesting that Favre was “siphoning from the disadvantaged,” and had “diverted money from individuals in dire need.” Judge Starrett ruled that such statements constituted “rhetorical hyperbole” and were therefore protected speech.

Favre had initiated legal action against Sharpe in February, alleging that Sharpe had made “grossly untrue” claims about him. The litigation was moved to federal jurisdiction in March, while Sharpe exited the aforementioned sports show in June. The lawsuit came after significant media reporting regarding allegations tied to what is being described as Mississippi’s largest public corruption case.

Mississippi Auditor Shad White indicated that between 2016 and 2019, the Mississippi Department of Human Services had misappropriated over $77 million from the Temporary Assistance for Needy Families (TANF) program, a fund designed to assist some of America’s most impoverished citizens.

Prosecutors allege that the department allocated these funds to nonprofit entities, which in turn used the money on projects that were favored by affluent and influential individuals. Among such projects was a $5 million volleyball facility at the University of Southern Mississippi, a project for which Favre had committed to fundraising.

In his ruling, Judge Starrett clarified that Sharpe’s usage of terms like “taking” and “stole” were in reference to the misdirection of TANF resources away from their intended purpose of aiding the underprivileged. He also stated that no rational person would infer from Sharpe’s broadcast that Favre had physically stolen money from impoverished Mississippi residents.

Following the dismissal, Sharpe publicly acknowledged the court’s decision and expressed gratitude toward his legal representation via a post on X, the platform formerly known as Twitter.

Late on Monday, The Big Big News reached out to Michael Shemper, the legal counsel for Favre, to comment on the dismissal, but there was no immediate response.

While Favre is not subject to criminal proceedings, he is one of multiple individuals and corporations the state is suing in an effort to recoup improperly spent welfare funds. Favre has also initiated defamation lawsuits against Auditor Shad White and former NFL punter and sportscaster Pat McAfee earlier this year. The case against McAfee was terminated in May after an apology from McAfee, but the lawsuit against White is ongoing.

Favre has reimbursed $1.1 million that he had previously received as speaking fees from a nonprofit organization, which had been allocated TANF funds by the Mississippi Department of Human Services. Auditor White indicated that Favre did not appear to fulfill his speaking commitments.

In a separate development in December, the department asserted a new claim against Favre and a university sports foundation for up to $5 million, stating that welfare funds had been incorrectly used to finance a volleyball facility at the University of Southern Mississippi, Favre’s alma mater. Legal filings in the state’s civil case reveal text messages between Favre and associates discussing the channeling of funds toward the volleyball facility via a nonprofit organization under contract with the Department of Human Services.

Frequently Asked Questions (FAQs) about Defamation Lawsuit Dismissal

More about Defamation Lawsuit Dismissal

• Full Text of Judge Keith Starrett’s Ruling
• Original Fox Sports Broadcast of “Skip and Shannon: Undisputed”
• Mississippi Department of Human Services Welfare Misallocation
• Shannon Sharpe’s Public Statement on X, Formerly Twitter
• Mississippi Auditor Shad White’s Findings on TANF Misallocation
• Brett Favre’s Reimbursement of Speaking Fees
• Ongoing Legal Cases Involving Mississippi Welfare Misallocation