19-3574 La Liberte v. Reid United States Court of Appeals for the Second Circuit AUGUST TERM 2019 No. 19-3574 ROSLYN LA LIBERTE, Plaintiff-Appellant, v. JOY REID, Defendant-Appellee. ARGUED: MAY 14, 2020 DECIDED: JULY 15, 2020 Before: KEARSE, JACOBS, CABRANES, Circuit Judges. Roslyn La Liberte appeals from the September 30, 2019 judgment of the United States District Court for the Eastern District of New York (Irizarry, Ch. J.), which both dismissed her defamation claim against Joy Reid under Rule 12(b)(6) and “struck” the claim under California’s Anti-Strategic Lawsuits Against Public Participation (anti-SLAPP) statute. We VACATE that judgment and REMAND the case for further proceedings consistent with this opinion. 1 We hold (for the first time) that California’s anti-SLAPP statute is inapplicable in federal court because it conflicts with Federal Rules of Civil Procedure 12 and 56. We also vacate the dismissal of the defamation claim under Rule 12(b)(6). As to one of the statements at issue, the court erroneously deemed La Liberte to be a limited purpose public figure (and accordingly dismissed for failure to plead actual malice); as to the other, the court mischaracterized it as nonactionable opinion. We affirm the district court’s conclusion that Reid does not qualify for immunity under section 230 of the Communications Decency Act. ____________________ G. TAYLOR WILSON (L. Lin Wood, Nicole Jennings Wade, on the brief), L. Lin Wood, P.C., Atlanta, GA, for Plaintiff-Appellant Roslyn La Liberte. JOHN H. REICHMAN (Jason L. Libou, on the brief), Wachtel Missry LLP, New York, NY, for Defendant- Appellee Joy Reid. The Reporters Committee for Freedom of the Press and 21 Media Organizations, Washington, DC, (Bruce D. Brown and Katie Townsend), filed a brief as Amici Curiae, in support of Defendant-Appellee. 2 JACOBS, Circuit Judge: Plaintiff Roslyn La Liberte spoke at a 2018 city council meeting to oppose California’s sanctuary-state law; soon after, a social media activist posted a photo showing the plaintiff with open mouth in front of a minority teenager; the caption was that persons (unnamed) had yelled specific racist remarks at the young man in the photo. Defendant Joy Reid, a personality on cable television, retweeted that post, an act that is not alleged to be defamatory. The defamation claim is based on Reid’s two later posts: her June 29 post showed the photograph and attributed the specific racist remarks to La Liberte; her July 1 post, to the same effect, juxtaposed the photograph with the 1957 image of a white woman in Little Rock screaming execrations at a Black child trying to go to school. The teenager who was photographed with La Liberte soon after publicly explained that La Liberte did not scream at him and that they were having a civil discussion. La Liberte sued Reid for defamation in the United States District Court for the Eastern District of New York. The district court (Irizarry, Ch. J.) rejected Reid’s defense of immunity under section 230 of the Communications Decency Act, see 47 U.S.C. § 230(c)(1) (“Section 230”), but nevertheless dismissed La Liberte’s defamation ...
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