This story was originally published by the WND News Center.
A leftist professor to Notre Dame and abortion rights activist, according to reports this week, sued the student-run, independent The Irish Rover for its reporting on her abortion advocacy.
Now the students are fighting back.
According to a report from the Bopp Law Firm, "The Irish Rover motion asked the judge to dismiss the suit because the Irish Rover showed its published articles were related to its constitutional right to free speech in connection with a public issue and were 'lawful' under Indiana’s defamation law."
The legal team explained, "To show the articles were 'lawful,' the Irish Rover produced evidence showing that Dr. Kay will not be able to meet her burden to prove defamation because its articles were (1) true; (2) were not written with actual malice (i.e., the Rover didn’t write them knowing they were false or with a reckless disregard to falsity); and (3) they did not contain defamatory imputations (because they accurately described Dr. Kay’s pro-choice positions, which cannot be defamatory if she espouses them)."
It was Tamara Kay, an "outspoken abortion rights activist," who complained about the publication of her views.
"The Irish Rover published two articles about Dr. Kay—each of which accurately reports on Dr. Kay’s public statements and actions following the Dobbs decision, which overturned Roe v. Wade, and following the subsequent passage of Indiana’s abortion law," the law firm confirmed.
"Kay posted a sign on her Notre Dame office door which stated, 'This is a SAFE SPACE to get help and information on ALL Healthcare issues and access—confidentially with care and compassion.' The sign also contained Kay’s non-Notre Dame email (firstname.lastname@example.org) and a capital letter 'J' inside a circle"
Her social media account said the "J” symbolized those people willing “to help [women] access healthcare”—healthcare in this context clearly referenced abortion-related services, not strep tests."
She also has promoted her pro-abortion stance online, and she's spoken to Notre Dame College Democrats about her agenda.
The law firm pointed out that the publication has a right to free speech, and Indiana law offers protections, including its protection against "frivolous lawsuits designed to intimidate the speaker."
"Indiana’s … law is designed to prevent needless expense and litigation that has no chance of success and is simply designed to shut up an organization like The Irish Rover," explained lead counsel James Bopp, Jr.