Cosby Accuser Kathy McKee Appeals her Victims’ Rights Case to the U.S. Supreme Court
Kathrine McKee has petitioned the U.S. Supreme Court to review the dismissal of her
defamation lawsuit against Bill Cosby. McKee is seeking to protect the fundamental right of a
victim of sexual misconduct to speak out in public without fear of having her reputation and
career destroyed. McKee is asking the Supreme Court to protect this right for all victims of
McKee’s petition to the Supreme Court contends that when she said “me too” and went
public with her allegation against Cosby, she did not become a “public figure” and give up her
right to sue Cosby for his defamatory statements about her, which were intended to silence her
and deter other victims from coming forward.
Saying “me too” and telling one’s story should not automatically transform a victim of
sexual assault from private figure to “public figure” status, which requires the victim to prove
that defamatory statements against them have been made with “reckless disregard for the truth”,
shown by “clear and convincing evidence” (also known as the “actual malice” standard). The
actual malice standard can be extremely difficult, if not impossible to prove, and unjustly so
under these circumstances.
Ms. McKee is represented by attorneys F. William Salo in New York, and Charles
Harder and Dilan Esper of HARDER LLP in Los Angeles.