“Republishing a photograph that Roy (McCollum) herself posted publicly and then expressing a political opinion on it could not be the basis for an intentionally provocative allegation,” Baldwin’s lawyers said Monday.
The lawsuit was filed in January by Roy McCollum, whose brother was killed by a suicide bomber at Kabul airport in Afghanistan in August 2021.
After learning of the death of Marine Lance Cpl. Rylee McCollum from Wyoming and the expected birth of Baldwin’s daughter contacted Roice McCollum via Instagram and donated $ 5,000 to the family.
In January, Baldwin saw that Roice McCollum had posted on Instagram a photo of protesters from former President Donald Trump’s rally at the Washington Monument on January 6, 2021.
Baldwin sent her a personal message asking if she was the one who had organized the fundraiser. She confirmed that she was the same woman and that she had participated in the protest, which she described as “completely legal”, according to court documents.
Baldwin told Roice McCollum that he had shared her photo with his 2.4 million followers on Instagram and wrote: “Good luck,” according to the lawsuit.
Roy McCollum said she received hundreds of hate messages, including one telling her to “hurry up and die” and that her brother “got what he deserved,” according to the lawsuit, which was filed in Wyoming.
The complaint, which also names Cheyenne McCollum and Rylee’s wife, Jiennah McCollum, as plaintiffs, said they were discredited after the online dispute. They are seeking $ 25 million in damages.
Baldwin’s reply lists several reasons why the action should be dismissed, including the claim that the court has no jurisdiction over Baldwin because he does not live in Wyoming, that the private communications between him and Roice Baldwin cannot be defamatory and that Cheyenne and Jiennah’s claims must be rejected because Baldwin did not make any statements about them.
Baldwin “was impressed by the irony that his tribute to a fallen Marine, a patriot, was coordinated by a man who participated in an event which – in the opinion of Baldwin and many others – was an attack on the core of American democracy. “said his reply.
“The real irony here is that Roice sued Baldwin for expressing his widely held opinion on January 6, when Roice wrote to him shortly before her participation on January 6 – an event that promoted the false claim that the 2020 elections had been stolen. “It constitutes ‘freedom of protest,'” the reply said.
