In a recent development, Michael Flynn, former national security adviser to Donald Trump, has filed an appeal with the Florida Supreme Court. The appeal is related to his defamation case against Rick Wilson, a noted critic of Trump and a former Republican strategist from Florida.
Flynn vs Wilson: The Background
The legal battle between Flynn and Wilson started in Sarasota County when Flynn sued Wilson for defamation. The reason was a tweet from Wilson in 2022, where he referred to Flynn as “Putin employee Michael Flynn” and retweeted, “FYI, Mike Flynn is Q.” Flynn demanded $50 million as damages and also sought a permanent injunction ordering Wilson to refrain from defaming him in the future.
Wilson, who hails from Tallahassee and co-founded the anti-Trump Lincoln Project, sought summary judgment. He argued that his tweets were merely his opinion or rhetorical hyperbole, and hence, protected by the First Amendment.
The Trial Court and Court of Appeal Decisions
In January of 2022, a Sarasota County trial judge ruled that Flynn, also a retired lieutenant general, failed to prove that Wilson had defamed him. The judge, therefore, granted Wilson’s motion and entered judgment in his favor. Not ready to give up, Flynn appealed the case, but the Florida 2nd District Court of Appeal (DCA) affirmed the Sarasota County court’s decision in December.
The judges of the Second DCA, in their opinion, wrote that Wilson’s tweets, while maybe not fair or polite, were a characteristic feature of our democracy. They stated that the First Amendment didn’t require fairness or politeness, and hence, they affirmed the trial court’s decision.
Flynn’s Appeal to the Florida Supreme Court
However, Flynn was not ready to accept defeat. Last Friday, his attorney, Jared J. Roberts, filed a brief with the DCA. He argued that the decision conflicted with a decision of another District Court of Appeal or of the Supreme Court on the same question of law. This conflict, he believes, necessitates the intervention of the Florida Supreme Court.
Whether the Florida Supreme Court will agree to hear Flynn’s case remains to be seen. The appeal has certainly added another chapter to the ongoing legal saga between Flynn and Wilson. As we await the Supreme Court’s decision, it’s clear that the battle between these two prominent figures has implications beyond their personal dispute, touching on the interpretation of the First Amendment and the boundaries of political commentary in the digital age.
