Indiana Court of Appeals affirms dismissal of “meritless,” “retaliatory” case brought by Keough School professor 

An Indiana court of appeals affirmed St. Joseph Superior Court’s original dismissal of the defamation case brought by Professor Tamara Kay against the Irish Rover, on January 30, 2025.

The appellate court decision states: “The designated evidence established as a matter of law that The Irish Rover acted in good faith and in reasonable basis in law and fact. Therefore, the trial court properly dismissed Dr. Kay’s complaint under Indiana’s Anti-SLAPP statute. Here, we agree with the trial court that the undisputed facts established that The Irish Rover’s two articles were written in good faith and that the alleged defamatory statements were not false.” 

In October of 2022, the Rover reported on Kay’s public statements “advocating for abortion legalization” and her offers to help procure abortifacients. The Rover also covered Kay’s March 2023 lecture to the Notre Dame College Democrats on “her career, activism, and research on access to abortion.” Kay filed suit for alleged defamation in May 2023. The Rover responded with a motion to dismiss under Indiana’s Anti-SLAPP Law, which provides “a framework to distinguish between frivolous and meritorious cases.”

In January 2024, the Court granted the Rover’s motion to dismiss, finding, “The alleged defamatory statements were true, within the meaning of the law, not made with actual malice, did not contain a defamatory inference, and there were no damages that were causally linked to The Irish Rover Articles.”

Under Indiana’s Anti-SLAPP provisions, legal fees may be awarded to defendants. Following the trial court’s decision, Kay was ordered to pay the Rover’s attorney’s fees. 

Subsequently, Kay filed an appeal in February 2024. 

The unanimous appellate court opinion, written by Judge Paul Mathias, with Judges Elaine Brown and Dana Kenworthy concurring, rejects Kay’s argument, affirming that the Rover published the articles “in good faith and with reasonable basis in law and fact.”

The judges continue: “The Irish Rover based its information on reliable sources, particularly as the source for most of the information was gleaned from Dr. Kay’s own statements, her social media, and publications.” 

Judge Mathias cited Kay’s statements in the wake of Indiana’s 2022 law prohibiting abortion access. Kay wrote on Twitter: “Such a devastating day to be a woman in IN. But women faculty @NotreDame are organizing. We are here (as private citizens, not representatives of ND) to help you access healthcare when you need it, & we are prepared in every way. Look for the ‘J[.]’ Spread the word to students!” 

The judges also noted that Kay “tweeted links to organizations providing Plan B and Plan C abortifacient pills.”

The judges cited Indiana’s description of anti-SLAPP law when affirming the dismissal of the defamation suit. The opinion stated that, when faced with  “meritless retaliatory SLAPP lawsuits designed to chill a person’s or legal entity’s constitutional rights of petition or free speech, ‘Indiana’s anti-SLAPP statute provides a defense.’” It continues, “[I]f the lawsuit is filed for an ulterior political end, it is a SLAPP.”

In response to the lawsuit, the Rover released a statement, defending its reporting as “fair and accurate in all respects.” 

“The record will confirm this beyond dispute. The Rover will not apologize for just and truthful reporting that helps Our Lady’s University stay true to its Catholic mission,” the statement continues. 

Close to two years later, the Indiana Court of Appeals has reaffirmed this response.

In Notre Dame,

The 2024–2025 Editorial Staff of the Irish Rover

 

Photo Credit: Matthew Rice

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