Overview
- A divided Wisconsin Court of Appeals reversed the lower court and directed summary judgment for Scarlett Johnson in the defamation case brought by former educator Mary MacCudden.
- The majority, authored by Chief Judge Maxine White and Judge Joe Donald, held that terms such as “bully,” “lunatic,” “woke,” “white savior” and “god complex” are non-actionable opinions.
- The panel concluded the posts did not imply undisclosed defamatory facts about MacCudden’s conduct or fitness to teach.
- Judge Pedro Colón dissented, arguing the posts’ specific reference to MacCudden and her “Social Justice Coordinator” title could suggest undisclosed facts and should be decided by a jury.
- The court did not reach Johnson’s separate First Amendment argument, and the circuit court has a Nov. 21 status conference to implement the mandate after nearly three years of litigation.