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Federal Judge Dismisses Dave Portnoy’s Lawsuit Against Insider

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The online personality called the decision “disappointing” but not “overly surprising.” 


Lawsuit Tossed

A federal judge in Massachusetts dismissed a defamation lawsuit Barstool Sports founder Dave Portnoy filed against Business Insider, several outlets reported on Monday. 

According to a report from The Washington Post, Chief Judge F. Dennis Saylor IV decided that Portnoy did not successfully prove that the news outlet acted with “actual malice” or “reckless disregard for the truth” when it published two articles about his sexual relationships. 

The first article, published in Nov. 2021, detailed stories from women who said they had “violent” and traumatizing sex with Portnoy. A second piece was published in Feb. 2022 and includes sources who said Portnoy filmed sexual encounters without consent.

Portnoy has repeatedly denied the allegations and maintained that the sexual encounters were consensual and positive. He sued Insider in February following the publication of the second article. 

Per The Post, Saylor tossed the complaint because it did “not allege that Insider’s anonymous sources were fake, or that the articles misrepresented what the women told [Insider’s reporters].”

“Furthermore, plaintiff admits that Insider investigated its first article for months, requested an interview with him, sought his comment before publication, included his denials, and hyperlinked to his news conference and his lawyer’s full denial letter,” the judge’s decision continued. 

Saylor also noted that Insider corroborated their sources’ claims with photos, texts, medical reports, receipts, and accounts from their friends. 

While Portnoy argued that these stories were an invasion of privacy as they pertained to his private sex life and the women involved were not his employees, Insider held that their claims were relevant.

“When a rich, famous, and powerful person uses their power in a way that is harmful to other people, it is newsworthy,” Nicholas Carlson, Insider’s Global Editor-in-Chief, previously wrote in an editor’s note. 

Saylor largely agreed with that, saying that issues of consent and power are part of “legitimate public interest,” including in instances that arise outside “the employment context.”

Portnoy Responds

An Insider spokesperson told The Post that the outlet is “pleased and gratified that the judge dismissed his complaint.”

“We knew from the start that our reporting was careful, fair, and accurate, but it’s gratifying to see that validated in court,” Julia Black, one of the reporters named in the lawsuit, tweeted in response to the news. 

For his part, however, Portnoy has criticized the judge’s decision, calling it “disappointing” but not “overly surprising.” 

“Every single lawyer said it was an uphill battle, every legal expert said it was an uphill battle, that it’s almost impossible for a public figure to prove defamation,” he said in a video posted to Twitter. “The laws are stacked against me.”

Portnoy said that he turned in texts and other evidence he believed would prove the sexual encounters were positive but claimed “the judge didn’t even really look at the evidence.” 

He later read an excerpt from the judge’s decision that said Portnoy “can’t seek to prove actual malice by challenging statements that defendants did not publish.” 

“In other words: Business Insider did not publish any of my shit, I can’t talk about it, it’s not part of the case,” Portnoy explained. “It’s inadmissible.” 

He said he could appeal the decision if he wanted, but added he was not optimistic about how that would turn out for him. He floated the idea of suing the sources themselves, noting he thinks he would stand a better chance in such a case.

See what others are saying: (The Washington Post) (The New York Post)

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“Emancipation” Producer Apologizes, Hopes He Did Not “Distract” From Film’s Message By Bringing Photo of Enslaved Man to Premiere 

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He said he plans on donating his collection of historical images to appropriate institutions.


McFarland Brings “Whipped Pete” Photo to Premiere 

“Emancipation” producer Joey McFarland apologized on Sunday after facing backlash for bringing the original 1863 photo of the enslaved person the film is based on to the premiere. 

“I wholeheartedly apologize to everyone I have offended by bringing a photograph of Peter to the Emancipation premiere,” he wrote in a statement on Instagram. “My intent was to honor this remarkable man and to remind the general public that his image not only brought about change in 1863 but still resonates and promotes change today.”

The photo, frequently dubbed “Whipped Peter,” is one of the most famous images depicting the gruesome realities of slavery in America. He is facing away from the camera, revealing the severe scarring all across his back. According to the Library of Congress, the formerly enslaved man was actually named Gordon. Will Smith plays him in “Emancipation,” which follows his escape from slavery.

While walking the red carpet of the film’s premiere, McFarland carried the photo with him.  

“I have the photo. This is the original photograph from 1863,” he told Variety. “I wanted it to be here tonight. I wanted a piece of Peter to be here tonight.”

While lamenting the fact that so many historical artifacts have not been properly preserved, McFarland told Variety that he “took it upon [him]self to curate and build a collection for future generations.” He said his collection will be donated after he dies. 

His remarks were met with swift criticism from those who thought it was inappropriate for McFarland to not just own the picture, but to bring it to a Hollywood event. 

“Why do you own the photograph? Why did you bring it to a movie premiere if the intent is to preserve it respectfully?” The Black List founder Franklin Leonard tweeted.

“I don’t know, man, but bringing ‘a piece of Peter’ that you ‘own’ to the red carpet of a movie that’s personally enriching you so that you can collect more slave memorabilia that you’ll keep until your death,” he added along with a giphy of Kenan Thompson saying “yikes.”

McFarland Acknowledges Historical Photos “Belong to the World”

Others argued that the photo should belong to Gordon’s family. 

“Being in possession of a symbol that reflects our trauma is exactly what our oppressor would do. He is his ancestor’s child,” another person added. 

In his apology, McFarland said that he hopes his actions “don’t distract from the film’s message, Peter’s story and just how much impact he had on the world.”

Throughout the development of “Emancipation,” McFarland said he discovered many photos of overlooked individuals with important historical stories. He said he always planned to donate them and believes “there is no better time to begin that process than now.”

“These photographs, which existed before me, will be around long after I am gone; they belong to the world,” he wrote.

See what others are saying: (Variety) (The Hollywood Reporter) (The Daily Beast)

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Joe Rogan Holds Spot As Top Podcaster on Spotify in 2022

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Earlier this year, some threatened to boycott the platform over Rogan and the health misinformation he shared on his show. 


For the third year in a row, “The Joe Rogan Experience” was the number one podcast on Spotify, the company revealed in its yearly “Wrapped” feature on Wednesday. 

“The Joe Rogan Experience” became exclusive to Spotify in 2020 after the host signed a lucrative deal with the audio streaming platform. “Call Her Daddy” by Alex Cooper, also a Spotify exclusive, followed Rogan on the charts. “Anything Goes With Emma Chamberlain,” which will become exclusive to the service next year, came in third.

Rogan’s podcast has made several headlines over the last year as the podcaster faced backlash from medical professionals and major musicians for touting COVID-19 misinformation. Niel Young asked to have his music removed from Spotify in protest of the company’s deal with Rogan, and several other artists soon followed. 

Just a few days later, several clips resurfaced of Rogan using a racial slur. Many called to boycott Spotify for platforming Rogan, but his popularity did not seem to fade by the year’s end. 

There are over four million podcasts available to stream on Spotify and over the last year, the platform has expanded into new markets. 

It also has started launching podcasts from several high-profile figures, including Kim Kardashian’s “The System,” and Meghan Markle’s “Archetypes.” Both of those debuted mid-year and did not crack the annual top-five list.

See what others are saying: (Spotify) (Variety) (Forbes)

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Comedian Gives David Beckham Ultimatum: Exit Role at Qatar World Cup Or £10K in Donations Gets Shredded

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“Not just the money, but also your status as a gay icon will be shredded,” Joe Lycett said in a video.


Pressure on Beckham

Comedian Joe Lycett posted a video on Sunday saying he would shred £10,000 if soccer star David Beckham does not pull out of his deal to be an ambassador for the Qatar World Cup. 

Ahead of the event, which kicks off on Nov. 20, many have been raising concerns about human rights abuses in Qatar. The country criminalizes homosexuality, and it can be punishable by death. 

Beckham’s deal to represent the country was reportedly worth £10 million, and many are frustrated that the athlete took such a big check from a country with known anti-LGBTQ laws. In his video, Lycett noted that Beckham has been openly supportive of his gay fans and was the first premiere footballer to do a photoshoot with a gay magazine. 

In an attempt to get Beckham to bow out of his role, Lycett, who is pansexual, offered an ultimatum.  

“If you end your relationship with Qatar, I’ll donate this £10,000 of my own money, that’s a grand for every million you’re reportedly getting, to charities that support queer people in football,” he stated. “However, if you do not, at midday next Sunday, I will throw this money into a shredder.” 

“Not just the money, but also your status as a gay icon will be shredded.” 

Beckham’s Reputation “Shredded”

Lycett said he would livestream the money shredding if that’s what the situation comes to. If Beckham does not back out of the World Cup, Lycett noted he will be forced to “commit what might be a crime,” as destroying legal tender is against the law in the U.K.

“Although even then, I reckon I’ll get off more lightly than I would if I got caught whacking off a lad in Doha,” Lycett quipped.

Lycett then linked to a website titled https://benderslikebeckham.com/, which includes a written version of his message, as well as a countdown to when he will either shred the cash or send it to a non-profit. 

Lycett is not the only U.K star to raise concerns about issues in Qatar. Singer Dua Lipa shut down speculation that she would be performing at the World Cup over the weekend by saying she has no intentions to visit the country until “it has fulfilled all the human rights pledges it made when it won the right to host” the event. 

Other stars, however, including BTS’s Jung Kook, are slated to take the stage. 

See what others are saying: (CNN) (The Hollywood Reporter) (BBC News)

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