Michael J. Gottlieb is a lawyer at Willkie Farr & Gallagher who represented Ruby Freeman and Shaye Moss, two Georgia election workers falsely accused by Rudolph W. Giuliani of assisting in a plot to steal the 2020 presidential election. Gottlieb and his team worked with Protect Democracy to bring a defamation case against Giuliani, resulting in a jury ordering him to pay $148 million to the women. This case is part of a larger trend of lawyers turning to defamation lawsuits to combat political disinformation that threatens public discourse and democracy.
Defamation cases have been on the rise in recent years, with high-profile settlements against both right-wing and left-wing defendants. For example, in 2020 and 2021, The Washington Post, CNN, and NBC settled a defamation case brought by Nick Sandmann, a Kentucky high school student, while a jury ordered former President Donald J. Trump to pay $83 million for defaming E. Jean Carroll. Payouts have been particularly significant for cases against the right, such as the $787.5 million settlement for Dominion Voting Systems from Fox News.
Despite the success of these lawsuits in holding powerful individuals and organizations accountable for spreading falsehoods, the cost of bringing a defamation suit to trial can be prohibitive for many individuals who have been harmed by disinformation. Lawyers like Gottlieb and his team take on cases pro bono as a “hobby” to serve those whose lives and reputations have been damaged by powerful figures with large online followings. They view their work as a way to combat bullies who target defenseless people with lies and misinformation.
Gottlieb’s interest in fighting disinformation began in 2016 when he represented Aaron Rich, whose brother Seth Rich was falsely implicated in his murder by conspiracy theorists. Their case against The Washington Times and others resulted in a confidential settlement and retraction of false statements. In 2021, Gottlieb took on the case of Freeman and Moss, who were targeted by Giuliani’s baseless claims of election fraud. The women faced threats and harassment as a result, leading to a successful defamation lawsuit against Giuliani.
While lawsuits against key disinformation spreaders are a step in the right direction, lawyers acknowledge that they may not be enough to combat the broader issue of widespread disinformation, such as false claims about Covid vaccines. Despite the challenges, lawyers like Gottlieb and organizations like Protect Democracy continue to pursue defamation cases as a means of holding those who spread lies and falsehoods accountable for their actions.
