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Court of Appeal of the State of California - 10 Cal. App. 5th 1240
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Shantel Jackson sued Floyd Mayweather, Jr. for invasion of privacy, defamation, and emotional distress after their abusive relationship ended. Mayweather's social media posts about the termination of Jackson's pregnancy and comments about her cosmetic surgery were the basis for the claims. The trial court denied Mayweather's motion to strike the claims, but the majority opinion reversed the ruling for Jackson's claims of defamation, false light portrayal, and public disclosure of private facts related to the abortion and cosmetic surgery comments. Mayweather filed a special motion to strike, arguing that Jackson's causes of action fell under section 425.16 due to their public status and the topic of abortion being of public interest. The trial court denied the motion, finding that Jackson had established a likelihood of prevailing on each claim and that whether Mayweather's statements were protected by the First Amendment was a question of fact for a jury to decide. Mayweather's statements about Jackson on his Facebook page, Instagram account, and during a radio broadcast were made in a public forum, which satisfies the public forum requirement of section 425.16, subdivision (e)(3). Statements made during a radio interview also meet the public forum requirement. Additionally, the statements concerned an issue of public interest. Mayweather's comments about their relationship, Jackson's pregnancy, its termination, and her cosmetic surgery were considered "celebrity gossip" and statements in connection with an issue of public interest under established case law.
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