A University of Notre Dame professor has lost her defamation lawsuit against a group of independent conservative student journalists who reported on her pro-abortion activism at the Catholic institution.
The lawsuit was brought in May last year by Tamara Kay, a sociology professor, against The Irish Rover, an independent student newspaper styling itself as “upholding the Catholic character” of the university in South Bend, Indiana. The complaint centered around two Rover articles, which Ms. Kay claimed to contain “defamatory and false statements” about her public promotion of abortion.
“We are here (as private citizens, not representatives of ND) to help you access healthcare when you need it, and we are prepared in every way,” the professor explained in a social media post, the Rover reported. “Look for the ‘J,’ Spread the word to students!”
The Rover journalists further found that, from a personal account named “Dr. Tamara Kay—Notre Dame abortion rights expert,” the professor shared pro-abortion posts explaining “how to reimburse costs for traveling out of state to obtain an abortion and how to get abortion pills by mail.”
The Lawsuit
In her complaint filed at an Indiana court, Ms. Kay insisted that the poster on her office door was only meant to help victims of sexual violence, but fell short of addressing her social media posts. In an interview with The Cut, she claimed that her house “appeared to be vandalized,” and that she received “vicious and violent” messages online and in the mail at her office.
The complaint was dismissed on Monday by a state judge, who found that the alleged defamatory statements not only were true but also didn’t cause any damage.
Citing Indiana’s anti-SLAPP (strategic lawsuit against public participation) law, Judge Steven David concluded that the Rover’s reporting was in “good faith” and in connection with a public issue, and well within the newspaper’s right to free speech.
The professor “cannot voluntarily put herself into the national abortion issue either on the campus of Notre Dame or in a broader, national forum, by making multiple strong statements in favor of abortion rights and access to abortion and expect that it will not become newsworthy at Notre Dame and elsewhere,” the judge wrote.
Regarding the “J” on Ms. Kay’s office door, Judge David said it was “not unreasonable” for the Rover to take together her public statements, academic works, and social media posts in context to assert that she “offers abortion access to students,” including abortion pills.
“The ‘J’ on Dr. Kay’s door, particularly when read in context with the other words and statements on her door, and her statements and tweets and work that was being done contemporaneous to this relevant time, can most reasonably mean to infer something much broader than just being an advocate for victims of sexual assault,” Monday’s ruling read.
On top of that, Judge David said there is no evidence that any alleged harm to Ms. Kay was caused by the two Rover articles.
“Dr. Kay alleges her property was vandalized on two occasions. That is very unfortunate, inexcusable, and reprehensible,” the judge said, adding that no evidence suggests that the vandalism of her property was “linked in any way” to the articles.
Similarly, the judge said the professor failed to show any connection between the Rover’s reporting and the threatening messages she received.
The editorial team for the Rover celebrated the legal victory.
“We hope that this ruling will serve to discourage such efforts to chill free speech in the future and invigorate others to courageously exercise their right to freedom of speech in pursuit of the truth,” they wrote on Monday.
Ms. Kay did not respond to The Epoch Times’ request for comment before press time. Notre Dame’s official student newspaper, The Observer, reported that she declined to comment.
Starting on Aug. 21, 2023, most abortions became illegal in Indiana with very limited exceptions if the woman’s life or health is seriously at risk. Under current state law, abortions can only be performed before 22 weeks of pregnancy if a “lethal fetal anomaly” is detected, or until 12 weeks of pregnancy in cases of rape or incest.
