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A conservative student-led publication at the University of Notre Dame is defending itself in court filings against a pro-abortion-rights professor’s defamation lawsuit.
Sociology professor Tamara Kay filed the lawsuit in May, and the publication, The Irish Rover, filed its answer Thursday.
Kay is accusing the publication of publishing false information about her pro-abortion-rights views, which she has shared publicly on the campus. The Irish Rover wrote two articles about Kay’s advocacy and views, which are contrary to the university’s Catholic teachings.
In the Thursday filing, The Rover says that its goal is “articulating conservative principles, and that it consists of staff who are students at the University of Notre Dame and who write articles and produce content as well as faculty advisors who are all professors and/or employees of the University. The Irish Rover is independent of the University of Notre Dame and has no formal affiliation or agreement with it … .”
The first article was published in October 2022 and details how Kay — who is a tenured professor of global affairs and sociology in the university’s Keough School of Global Affairs — shared information about access to abortion care after the U.S. Supreme Court overturned Roe v. Wade last summer.
The majority of the complaint focuses on the second article, which was posted in March after Kay spoke during a discussion hosted by College Democrats.
The October article describes a poster on Kay’s office door that said, “This is a safe space to get help and information on all healthcare issues and access — confidentially and with care and compassion.” The article included a photo of the door, which also featured the letter “J” — which, according to the student publication, is a symbol for Notre Dame professors who are willing to help students access abortion.
In the March article, The Rover wrote that Kay “post(ed) offers to procure abortion pills on her office door.”
In its answer, The Rover says it “admits that, aside from minor stylistic differences — viz., differing capitalization and the use of an ampersand rather than the word ‘and’ — this accurately quotes some of what was written on the sign on Dr. Kay’s door. This sign also included an encircled ‘J’ and the statement: ‘My non ND email: [email protected][,]’ and the Irish Rover therefore denies that Paragraph 9 (of the complaint) quotes all of what the sign stated. The Irish Rover further denies any implication that Paragraph 9’s quotation, in context, differs in substance from how The Irish Rover described the sign on Dr. Kay’s door. The Irish Rover further denies any implication that it ever claimed that the language quoted in Paragraph 8 (regarding procuring access to abortion pills) was a quotation from said sign.”
The complaint also alleges the photo of Kay used in the March article is the property of the university and was used without her consent.
“The Irish Rover is without sufficient knowledge or information to form a belief as to the truth of the allegation that the picture in question is the property of the University of Notre Dame, and therefore denies same. The Irish Rover further denies that Dr. Kay’s permission would be necessary to use University of Notre Dame property. The Irish Rover further denies that the use of her picture is relevant. Otherwise, admit,” the response states.
Kay also claimed that she sent The Rover a letter requesting a retraction but never received a response.
“Admit that a letter was sent alleging false and defamatory statements. Paragraph 13’s description of the letter contains conclusions of law to which no response is required, but to the extent further response is deemed required, the Irish Rover denies that any of the statements described in the letter were false or defamatory. Admit that The Irish Rover did not respond and that the articles are still available on The Irish Rover’s website,” the response states.
The publication is denying all allegations and argues in its response that both articles were published within its First Amendment Constitutional right to free speech. It also states that neither article was written “knowing it was false, or with a reckless disregard for its falsity,” nor did the articles “contain defamatory imputations.”
In an article posted July 11 on its website, The Irish Rover responded to the lawsuit, saying, “Simply put, the articles discussing Professor Kay’s abortion advocacy were fair and accurate in all respects.”
According to the complaint, Kay has been harassed and threatened and has experienced damage to her residential property. She also claims she has suffered mentally and emotionally, and has experienced and continues to experience mental anguish and fear for her safety. The Irish Rover did not respond to that part of the complaint, stating that it does not require a response.
The publication is also asking the St. Joseph Superior Court to dismiss the case under Indiana’s Anti-Strategic Lawsuits Against Public Participation law.
In its memorandum in support of the motion to dismiss, the publication argues Kay is a limited-purpose public figure, which would require proof of actual malice. It argues she is a public figure because she has described herself as an “abortion expert” and has published op-eds in the Los Angeles Times, Seattle Times and Chicago Tribune, among other national publications.
“As such, Dr. Kay has established herself as a public expert on abortion issues not only in the Notre Dame community, but across America,” the memorandum says. “Because the Articles are concerned with her public comments on abortion … Dr. Kay has not and cannot prove any material facts raising a genuine issue as to this conclusion.”
According to the memorandum, The Irish Rover satisfies all three determinations under Indiana’s Anti-SLAPP law: “Because The Irish Rover has shown its actions were (1) related to its constitutional right to free speech; (2) in connection to a public issues; and (3) were made in good faith and with a reasonable basis in law and fact because the Articles were ‘lawful’ under Indiana’s defamation law, this Court should grant this motion to dismiss under Indiana’s Anti-SLAPP law.”
No hearings have yet been set in the case, Tamara Kay v. The Irish Rover, 71D04-2305-CT-000264.
Kay’s counsel, Michael Sacopulos, has not responded to multiple requests for comment from Indiana Lawyer.
The Rover is represented by James Bopp Jr., a prominent attorney who advocates for conservative causes.
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