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Giuliani Uses Protected Speech Defense

Giuliani
Former New York Mayor Rudy Giuliani | Image by Frontpage/Shutterstock

Rudy Giuliani, a former lawyer for Donald Trump, conceded to allegations that he made false statements about two Georgia elections workers, instead arguing that his assertions were constitutionally protected speech that did not damage the workers.

Ruby Freeman and Wandrea ArShaye “Shaye” Moss sued Giuliani in December 2021, claiming that his statements defamed them and caused them emotional damage.

Freeman and Moss claimed they became “the objects of vitriol, threats, and harassment” due to accusations of vote-rigging made by Giuliani, according to The Washington Post.

In a filing just before midnight last Tuesday, Giuliani stated that he “does not contest” multiple allegations brought forth by Freeman and Moss.

The allegations that he is not contesting are that “the statements carry meaning that is defamatory per se” and that he “published those statements to third parties.”

According to the court filing, Giuliani is choosing not to contest these allegations because he is “desirous to avoid unnecessary expenses in litigating” and maintains that this is not an admission of guilt.

Ted Goodman, an advisor to Giuliani, explained that they hope to later get the lawsuit dismissed.

“Giuliani did not acknowledge that the statements were false but did not contest it in order to move on to the portion of the case that will permit a motion to dismiss. This is a legal issue, not a factual issue. Those out to smear the mayor are ignoring the fact that this stipulation is designed to get to the legal issues of the case,” said Goodman, according to Politico.

The filing also adds that Giuliani’s claims were “constitutionally protected” and that he does not believe intentional harm was done to the plaintiffs.

Michael J. Gottlieb, a partner at Willkie Farr & Gallagher LLP, said there are still aspects of the lawsuit that must be discussed, but the filing is a step in the right direction for the plaintiffs.

“Giuliani’s stipulation concedes what we have always known to be true — Ruby Freeman and Shaye Moss honorably performed their civic duties in the 2020 presidential election in full compliance with the law; and the allegations of election fraud he and former-President Trump made against them have been false since day one,” said Gottlieb, according to Politico.

“While certain issues, including damages, remain to be decided by the court, our clients are pleased with this major milestone in their fight for justice, and look forward to presenting what remains of this case at trial,” he concluded.

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