A federal appeals court refused Monday to revive a defamation lawsuit that former NFL quarterback Brett Favre filed against fellow Pro Football Hall of Fame member and former tight end Shannon Sharpe. Favre’s lawsuit arose from comments Sharpe made in 2022 on a Fox Sports show amid a developing Mississippi welfare scandal that involved millions of dollars being diverted to affluent individuals.
Mississippi State Auditor Shad White asserted that Favre improperly received $1.1 million in speaking fees intended for a volleyball arena at The University of Southern Mississippi, where Favre had played football and where his daughter was playing volleyball. These fees came from a nonprofit organization that misused Temporary Assistance for Needy Families (TANF) funds with the approval of the state Department of Human Services.
Sharpe had criticized Favre on air, accusing him of “taking from the underserved” and claiming he “stole money from people that really needed that money.” Sharpe went so far as to say that someone would have to be a sorry person “to steal from the lowest of the low.”
Although Favre was not legally charged and had repaid the initial $1.1 million, White indicated in a court filing in February that Favre still owed $729,790 due to accrued interest on the original amount.
Favre subsequently sued Sharpe for his critical remarks on the Fox Sports show. A federal district judge dismissed the lawsuit, and the 5th U.S. Circuit Court of Appeals rejected Favre’s appeal on Monday.
The court ruling stated that Sharpe’s comments were constitutionally protected opinions based on publicly available facts. “His statements are better viewed as strongly stated opinions about the widely reported welfare scandal,” wrote Judge Leslie Southwick in the court’s opinion, which was issued on behalf of a unanimous three-judge appellate panel.
Southwick noted that any inaccuracies in Sharpe’s comments were corrected during the broadcast by Sharpe’s co-host, who clarified that Favre had not been criminally charged and had repaid the $1.1 million. Additionally, Sharpe himself mentioned on the program that Favre claimed he was unaware of the funds’ origin.
“At the time Sharpe made the statements, the facts on which he was relying were publicly known, and Sharpe had a right to characterize those publicly known facts caustically and unfairly,” Southwick wrote.
