Outside of failed third-down conversions, quarterbacks and punters don't often cross paths. But the most famous punter of this generation is on a collision course with one of the most famous quarterbacks of the prior one, and the free-speech ramifications could extend far beyond the NFL.
INGLEWOOD, CALIFORNIA - FEBRUARY 10: Brett Favre presents at the NFL Honors show at the YouTube Theater on February 10, 2022 in Inglewood, California. Outside of failed third-down conversions, quarterbacks and punters don’t often cross paths. But the most famous punter of this generation is on a collision course with one of the most famous quarterbacks of the prior one, and the free-speech ramifications could extend far beyond the NFL.
“Every time [Favre’s] name gets brought up,” McAfee said in November 2022, according to Favre’s complaint, “we have to mention that he tied the hands of the poor people and took money right out of their pockets.” “It’s the nature of defamation suits that they rarely ever get to trial,” says Bob Fisher, a former public relations executive who has served as an expert witness in defamation cases as disparate as the Duke lacrosse case and the current battle between Dominion Voting Systems and Fox News. “It’s a game of chicken. You go right up to the date of the trial and decide if it’s worth the money to spend on more litigation.
Opinion is also protected. For instance, saying a quarterback is a terrible player is an opinion, and thus not defamatory. Saying a quarterback committed a criminal act — a provable or disprovable statement, in other words — could be defamatory.
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