Raleigh, N.C. – In a filing dated Nov. 2, attorneys for Miss USA chief Thom Brodeur asked a federal judge to dismiss the lawsuit brought by former Miss North Carolina USA, Brittany Boltinhouse. The filing, obtained by WRAL News, argues that Boltinhouse’s complaint fails to state a claim on which relief can be granted.
Organization’s legal position
Brodeur’s lawyer, Heather Howell Wright, wrote that the alleged defamatory statements are either protected opinions or factual assertions that are true. She contended that the plaintiff has not demonstrated any actionable wrongdoing by the Miss USA organization.
Plaintiff’s allegations
Boltinhouse, who lost her state title in August, maintains that Miss USA removed her crown because of her conservative political views. In the complaint, she accuses the pageant’s organizers of “maliciously coordinating to publish a false public narrative” that paints her as a racist, homophobe, transphobe and intolerable bigot, causing economic and reputational harm.
Importantly, the lawsuit does not challenge the organization’s authority to revoke a title; it focuses on the manner in which the decision was communicated and the damage it caused.
Procedural background
Earlier, Boltinhouse’s counsel sought to transfer the case from federal to state court. That motion was filed days before Brodeur’s motion to dismiss.
WRAL News reached out to Boltinhouse’s attorneys for comment on Brodeur’s filing; they have not responded at the time of this report.
Legal context
Defamation claims require the plaintiff to prove that false statements were made with actual malice and caused measurable harm. The organization’s defense hinges on the argument that the statements in question are either opinions protected by the First Amendment or factual statements that can be substantiated.
The outcome of the motion will determine whether the case proceeds to discovery or is dismissed outright.
What’s next?
If the judge grants the motion, Boltinhouse’s lawsuit will be dismissed without further litigation. Should the motion be denied, the case will move forward, potentially leading to a trial on the merits of the defamation claims.
Original reporting: WRAL Raleigh — read the source article.
