A Florida appeals court has upheld the dismissal of a defamation lawsuit filed by General Michael Flynn, former national security adviser to Donald Trump, against Rick Wilson, a political strategist and co-founder of the Lincoln Project. Flynn had alleged defamation over Wilson’s public comments referring to him as a “Putin employee” and the leader of the Q movement.
The Second District Court of Appeals affirmed a lower court’s ruling that Wilson’s statements were protected under the First Amendment. Flynn, who had sought $50 million in damages and an injunction against further defamation, had his case dismissed at the trial court level. The appellate ruling followed Flynn’s appeal of that decision.
Flynn’s lawsuit centered on two tweets by Wilson. One described him as “Putin employee Mike Flynn,” while the other retweeted a claim that Flynn was “Q,” a supposed insider behind the Q movement. The court concluded that Wilson’s tweets were protected as rhetorical hyperbole and opinion rather than factual assertions, thus failing to meet the “actual malice” standard required for a defamation claim.
The court emphasized context, noting that Wilson’s “Putin employee” tweet was in response to Flynn’s letter regarding Russia’s invasion of Ukraine. It stated, “A reasonable reader…would instead understand Wilson to be expressing…what else would you expect from someone ‘in bed with the Russians.’”
Regarding the “Flynn is Q” claim, the court found no basis for defamation, highlighting Flynn’s failure to provide evidence refuting the statement. The ruling also noted Flynn’s complex relationship with Q, referencing his past public denunciations of the movement alongside the sale of merchandise featuring Q slogans.
The decision lauded the U.S.’s commitment to robust public debate, including sharp and caustic criticisms of public figures. “Wilson’s tweets may not have been polite, and they may not have been fair. But the First Amendment required neither, and so we affirm,” the court concluded.
