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Wisconsin Appeals Court Tosses Defamation Suit Over 'Woke' Posts, Orders Win for Moms for Liberty Activist

A divided panel held that epithets such as 'woke' or 'white savior' are too subjective to be proven true or false.

Overview

  • The Wisconsin Court of Appeals reversed the lower court and directed summary judgment for Scarlett Johnson, ending Mary MacCudden’s defamation claim.
  • Chief Judge Maxine White and Judge M. Joseph Donald concluded terms like 'bully,' 'lunatic,' 'woke,' 'white savior,' and 'god complex' are nonactionable opinion.
  • Judge Pedro Colón dissented, arguing the posts targeted a specific person and could imply undisclosed defamatory facts suitable for a jury to assess.
  • The dispute began after Johnson’s October 2022 posts highlighted MacCudden’s LinkedIn listing as 'Social Justice Coordinator,' though she had resigned months earlier.
  • The panel did not reach Johnson’s separate First Amendment argument, and the circuit court docket lists a status conference for Nov. 21.