Pro golfer asks 11th Circuit for another shot at defamation suit against media

(CN) — PGA Tour champion and Olympic golfer Patrick Reed asked a federal appeals court in Miami Friday to revive his defamation claims against multiple sports analysts, publishers and media companies, including the Associated Press and Fox Sports.

Reed argued to the 11th Circuit that his suit was wrongly dismissed and that he has suffered irreparable harm to his professional reputation, lost valuable sponsorships and business ventures as a result of several defamatory publications.

He claimed golf media outlets intentionally targeted him in their disparagement of LIV Golf, a professional golf tour company financially backed by the public investment fund of Saudi Arabia. Reed was constructively terminated as a member of the PGA Tour and subsequently signed with LIV Golf in 2022.

Gavin Newsham, one of the journalists listed in Reed’s suit, published articles with the New York Post and Fox Sports referring to him as “golf’s biggest villain,” discussing how Reed’s teammates believed he was cheating.

“Many of the statements accuse or imply that Reed is a cheater. Mr. Reed has never been determined to be a cheater,” his attorney, Anthony Lake, told the court.

U.S. Circuit Judge Nancy Abudu said Newsham’s articles appear to present both sides of the situation by stating that Reed had denied the accusations against him.

The Joe Biden appointee, along with U.S. Circuit Judge Robert Luck, noted that the article contained true facts, such as Reed’s coach suspending him from two matches after his teammates at Augusta State University voted him off the team.

“These details seems to be well trodden and well known," said Luck, a Donald Trump appointee. “If they are true stories, whether they are negative or not, how can a bunch of true stories be actual malice?”

In dismissing Reed’s suit, a Florida judge found the challenged statements to be protected opinion or rhetorical hyperbole. They determined Reed had not shown anyone recklessly published known false information or acted with actual malice, falling short of the legal standard a public figure must prove to prevail on such claims.

Reed argued Newsham and others republished false, defamatory statements from professional golf commentator Shane Ryan’s 2015 book, “The Cup They Couldn’t Lose: America, the Ryder Cup, and the Long Road to Whistling Straits," implying Reed had cheated at Augusta State and stolen from his college teammates.

Lake told the court that Ryan purposely refused to further investigate Reed’s cheating accusations because he did not bring up any questions about it when he interviewed him.

Abudu said the cheating comments mentioned appear to be made from witnesses. However, she questioned the obligation of reporters in verifying their sources’ information, such as the book’s findings.

Attorney Jeremy Chase argued Ryan’s book was very well researched and goes into great detail about who he spoke to about the accusations of cheating, such as PGA Tour officials.

“Ryan’s book is an accurate source. They have every right to rely on that,” Chase said.

“People are allowed to draw their own conclusions about someone’s conduct,” he added.

Another golf writer, Doug Ferguson, published an article for the Associated Press tying Reed’s reputation as a cheater to a tournament he played in the Bahamas, where he was penalized for scooping away sand from behind his ball to improve his line of play.

Ferguson’s attorney Carol Jean LoCicero argued the piece was a column and clearly signals to readers it’s intended to come from a commentator standpoint.

“If we’re talking about objective reporting, where in that article is Reed’s perspective?” Abudu asked. She said if a report is extremely one-sided, it could suggest that its content might not be true.

Also cited in Reed’s complaint were comments made on the Golf Channel by broadcasters Damon Hack and Shane Bacon and former professional golfer Brandel Chamblee regarding the ethicality of Reed’s conduct on the golf course.

U.S. Circuit Judge Barbara Lagoa, another Trump appointee, rounded out the three-judge panel. The judges did not signal when they will issue a ruling.

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