Simmons v. National Enquirer: Can False Speech About a Sex Change Be Defamatory?

Eriq Gardner discusses Richard Simmons’ lawsuit against the National Enquirer and American Media for defamation and false light invasion of privacy, brought in California state court. He notes that Mr. Simmons’ suit appears to be the first one brought on the grounds that the defendant had alleged falsely that the plaintiff was undergoing sexual reassignment surgery. Mr. Simmons is claiming both reputational damage and invasion of privacy; the National Enquirer is basing its defense on the First Amendment protections of free press and Mr. Simmons’ prior “reputation for gender ambiguity, his well-publicized testing of the boundaries of gender classification, and his willlingness to be depicted as a woman.”  Link to the SLAPP motion (to dismiss) filed  last week by American Media here (via Hollywood Reporter). 

Some background here from the Los Angeles Times, here from the Hollywood Reporter (includes link to the complaint).