Moore v. Cohen

548 F. Supp.3d 330 (2021)

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Nature of the Case

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Facts

P ran as a candidate for the U.S. Senate in 2017. Several published articles accused Judge Moore of inappropriate sexual encounters with young females, including one who was underage at the time. P lost the election on December 12, 2017. P and his wife were invited to Washington, D.C., purportedly for P to receive an award for his support of Israel. Ps flew to D.C. The interview took place on February 14, 2018. Before the interview, P, in his wife's presence, signed an agreement titled the 'Standard Consent Agreement,' with an entity called Yerushalayim TV (YTV). The agreement purports to waive numerous potential claims related to the interview, and, includes a handwritten modification purportedly made by P. Ps flew to D.C. The interview took place on February 14, 2018. Before the interview, P, in his wife's presence, signed an agreement titled the 'Standard Consent Agreement,' with an entity called Yerushalayim TV (YTV). The agreement purports to waive numerous potential claims related to the interview, and, includes a handwritten modification purportedly made by P. The interview was conducted by D. D was dressed up and acting in the role of an Israeli 'Anti-Terrorism Expert' named 'Gen. Erran Morad.' 'The General' discussed one specific device which he claimed the Israeli army employs to uncover tunnels used by terrorists to launch attacks and that the device also can detect certain enzymes that are secreted only by 'sex offenders and particularly pedophiles.' Retrieving this device, a black wand-like object, 'The General commented that 'because neither of us are sex offenders, then it make absolutely nothing.' When 'The General' moved the wand closer to P, the device enabled and emitted a beeping noise. 'The General' then hit the device against his hand, stating that the device 'must be faulty,' before asking P if he might have lent his jacket to someone else. P declared that he had been 'married for 33 years - and never had an accusation of such things,' P left the hotel room, ending the interview. As P exited the room, 'The General' maintained, 'I am not saying you are a sex offender at all.' D put the episode in his feature presentation called Who Is America. The entire feature was a comedy and parody of those in power. One episode featured 'The General' promoting to several lobbyists and politicians his idea for 'Kinderguardians', a program that would entail arming children as young as three years old with firearms to defend against school shootings. Ps allege that P was fraudulently induced by Ds into agreeing to be interviewed claiming that Ps would never have come to Washington, D.C., nor would P have appeared in the Program, had they known the truth about the nature of the Program and the identity of its producers and broadcasters. Ps claimed intentional infliction of emotional distress and fraud. P also brought a defamation claim, asserting that D 'falsely painted, portrayed, mocked, and with malice defamed' him 'as a sex offender.' Ds moved for summary judgment.