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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

sexual misconduct.

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.

Evner: Writing

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I happen to be a law student and I'm currently following this interesting case. Would love to work with you on the story.

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