RALEIGH, N.C. (WGHP) — CNN’s legal team is trying to move the defamation lawsuit filed by North Carolina Lt. Gov. and since-defeated governor candidate Mark Robinson from state to federal court.
On Oct. 15 Robinson filed a lawsuit against CNN and North Carolina musician Louis Love Money after two separate news articles made claims about the outgoing lieutenant governor’s use of pornography outlets through the late 90s and early 2000s.
Published by The Assembly on Sept. 3, the first article featured an interview with Money, a former clerk of a Greensboro porn video shop. He told the digital magazine that, during his time working at the Greensboro store, he developed a friendship with Robinson, who he says frequented the shop after work. Money also shared the story behind the song “The Lt. Governor Owes Me Money,” released by Money’s band Trailer Park Orchestra, that claims that Robinson still owes the musician $25 for a bootleg porn tape. While Money is named as a defendant in the lawsuit, The Assembly is not.
Then, on Sept. 19, CNN published an exposé that connected Robinson to comments, which the suit described as “lewd, sex-obsessed, racist and outrageous,” that were posted on the porn website NudeAfrica. CNN links Robinson to the user “minisoldr” who referred to himself in forum posts as a “black NAZI!,” talked about peeping on college girls as a young teen at North Carolina A&T State University and reportedly made comments so explicit that CNN refrained from publishing them.
The NudeAfrica user disclosed biographical details that match Robinson, including age, location and year of marriage, and used several specific turns of phrase that Robinson has also used. The username “minisoldr” was the same Robinson had used for personal accounts on X, then Twitter, and YouTube at the time.
Robinson states in the lawsuit that he categorically did not visit these video shops to buy or rent pornography and that the NudeAfrica comments are not his. He said that he made friends with Money and would “occasionally bring over free pizza and socialize” during his time working at a nearby Papa John’s. And he refuted the NudeAfrica comments saying that they could have been faked by people with a vested interest in derailing his gubernatorial aspirations.
On Friday, CNN filed to move the lawsuit from the Superior Court of Wake County to the United States District Court for the Eastern District of North Carolina.
CNN’s team asks the court to ignore Money’s North Carolina residency in determining jurisdiction, arguing that Money was “fraudulently joined” in the lawsuit solely to keep the suit in state courts and that there is “no possibility that Robinson can succeed on his claims against Money.”
‘No connection between Money and CNN’
“Money is named in this lawsuit for one purpose and one purpose only – to defeat diversity jurisdiction and preclude removal. Robinson’s gambit, however, fails because Money is fraudulently joined in this action. Not only is there no connection between Money and CNN, but also there is no possibility that Robinson can succeed on his claims against Money,” CNN’s team said in the filing.
The network’s team goes on to write, “Asserting a near frivolous claim against Money with zero connection to the CNN Article that is the focus of Robinson’s ire was intended solely to keep this case in North Carolina State Court and constitutes fraudulent joinder.”
Additionally, they allege that Money is not connected to the controversy, as the claims against Robinson have no ground and Robinson’s press conference regarding the lawsuit focused entirely on the complaint against CNN, with only a brief mention of Money as a defendant.
“Robinson’s own description of this lawsuit demonstrates that the controversy
relates to Robinson’s (erroneous) claims about CNN’s news article, not Money’s statements,” CNN’s team says. “Robinson’s counsel focused his remarks on the ‘journalistic hit job’ by CNN
and his team’s investigation’s attempts to ‘get to the bottom’ of CNN’s reporting.
“CNN is the only defendant with a real connection to the controversy.”
Not ‘defamatory to say someone watches pornography’
CNN’s legal team argues that Robinson’s case against Money holds no water and has no chance in state court.
They claim that Money’s statements do not rise to “actual malice,” a legal requirement for defamation against any public figure, and that Money’s statement is not defamatory.
“Actual malice” means, in essence, that the alleged defamatory statement be knowingly untrue and spread with a blatant disregard for the truth. Robinson claims in his suit that Money has “ill-will” and “animus” towards him, but per the US Supreme Court, “the actual malice standard is not satisfied merely through showing of ill will or ‘malice’ in the ordinary sense of the term.”
It’s debatable, CNN says, that Money had any ill-intention towards Robinson, pointing out that Money refers to him as an “old friend” in a photo of the two of them.
“All of Money’s statements reflect genuine affection for Robinson,” CNN’s legal team writes.
CNN’s team also states that it is not “defamatory to say someone watches pornography, which is a lawful activity for adults.”
“While some may disagree about the propriety of such conduct, the simple fact is that statements that someone engaged in a lawful activity are not defamatory,” the document states, citing “Lindell v. Mail Media, Inc.,” where a court determined that stating the plaintiff bought alcohol was not defamatory because that is a “legal and ordinary act.”
“While perhaps Robinson would prefer to maintain a more wholesome image, such a desire cannot form the basis of his defamation action.”
Adverse publicity
Robinson’s lawyers initially asked for damages upwards of $50 million, prompting Money’s legal team to file for dismissal the following day citing North Carolina law.
According to North Carolina state law, a plaintiff in a civil case can ask for relief “in excess of” $25,000 but cannot ask for a specific sum higher than $25,000.
Robinson’s team filed an amended complaint on Oct. 21, updating the requested damages from the announced $50 million to an “excess of $25,000.”
In their federal court filing, CNN’s team highlights this violation and claims that the initial $50 million demand created publicity that could be prejudicial in court, citing media coverage of the article with the monetary figure prominently mentioned.
“The impact of the ‘adverse publicity’ is magnified here, where the information’s reach is not limited to the circulation of hard copy newspapers or a single radio broadcast. Any potential juror has unrestricted access to the fact that Robinson initiated a claim against Money for $50 million dollars.”
For that reason, CNN’s legal team claims that “no amendment can cure the damage already caused by the complaint” and that the case against Money should and would be dismissed because of that violation.
