Conspiracy theorist Alex Jones has asked the U.S. Supreme Court to hear his appeal of the US$1.4-billion judgment a Connecticut jury and judge issued against him for calling the 2012 Sandy Hook Elementary School shooting a hoax staged by crisis actors.
The Infowars host is arguing that the judge was wrong to find him liable for defamation and infliction of emotional distress without holding a trial on the merits of allegations lodged by relatives of victims of the shooting, which killed 20 first graders and six educators in Newtown, Connecticut.
Judge Barbara Bellis, frustrated at what she called Jones’s repeated failure to abide by court rulings and to turn over certain evidence to the Sandy Hook families, issued a rare default ruling against Jones and his company in late 2021 as a penalty. That meant that she found him liable without a trial on the facts and convened a jury to only determine what damages he owed.
A six-person jury in Waterbury issued a US$964-million verdict in October 2022 in favour of the plaintiffs – an FBI agent who responded to the shooting and relatives of eight children and adults who were killed. Bellis later tacked on another US$473-million in punitive damages against Jones and Free Speech Systems, Infowars’ parent company based in Austin, Tex.
During the trial to determine damages, relatives of the shooting victims testified that people whom they called followers of Jones subjected them to death and rape threats, in-person harassment and abusive comments on social media. Jones argues there was never any proof presented that linked him to those actions.
Jones filed his request to the Supreme Court on Friday and it was released by the court on Tuesday.
Jones’s lawyers – Ben Broocks, Shelby Jordan and Alan Daughtry – insist in the petition that state courts cannot determine liability based only on sanctions such as default rulings. They say that constitutional law and Supreme Court precedent require public figures such as the Sandy Hook families to prove their defamation claims against journalists such as Jones.
They also say that the Connecticut judge imposed the default ruling on Jones based on “trivial” reasons and that Jones had substantially complied with the court’s orders – which the Sandy Hook families’ lawyers deny.
Jones’s attorneys further cite First Amendment protections for free speech, saying Jones’ comments about the school shooting being a hoax were not defamatory but rather “expressions of constitutionally protected opinion.” Jones has since said he believed the shooting was “100 per cent real.”
“The media landscape is rife with groups challenging various events, including Holocaust denial, moon landing skepticism, 9/11 conspiracy theories, and even flat Earth claims,” the petition says. “However, such statements critique or dismiss the events themselves, not the character, conduct, or reputation of those associated with them.”
Among other claims, Jones’s petition says the US$1.4-billion judgment is excessive punishment under the Eighth Amendment.
If the judgment is allowed to stand, Jones’ lawyers said it would “chill the reporting of news” and “result in self-censoring fear of suits.”
Lawyers for the Sandy Hook families disputed Jones’s arguments.
“There is no legitimate basis for the U.S. Supreme Court to accept this last gasp from Alex Jones and we will oppose it in due course,” Christopher Mattei, a lawyer for the families, said in a statement.
A mid-level appellate court in Connecticut upheld all but US$150-million of the US$1.4-billion judgment in December, and the state Supreme Court declined to hear Jones’s appeal of that ruling in April.
In a similar defamation lawsuit filed in Texas by the parents of another Sandy Hook victim, Jones was found liable without a trial as punishment for failing to turn over documents. In that case, which also is being appealed, a judge and jury issued a US$49-million judgment against Jones in August 2022.
Jones filed for bankruptcy in late 2022. In those proceedings, an auction was held in November to liquidate Infowars’ assets to help pay the defamation judgments, and the satirical news outlet The Onion was named the winning bidder. But the bankruptcy judge threw out the auction results, citing problems with the process and The Onion’s bid.
The attempt to sell off Infowars’ assets has moved to a Texas state court in Austin. Jones is now appealing a recent order from the court that appointed a receiver to liquidate the assets. Some of Jones’s personal property is also being sold off as part of the bankruptcy case.Video 1:39
A U.S. bankruptcy judge on Tuesday stopped parody news site the Onion from buying conspiracy theorist Alex Jones’s Infowars website, ruling that a bankruptcy auction did not result in the best possible bids.
