Michael J. Gottlieb, a lawyer at the firm Willkie Farr & Gallagher and a former associate counsel in the Obama White House, represented Georgia election workers Ruby Freeman and Shaye Moss for free after they were falsely accused by Rudolph W. Giuliani of aiding an imagined plot to steal the 2020 presidential election. Convinced that viral lies threaten public discourse and democracy, Gottlieb is part of a small but growing group of lawyers using defamation as a weapon against political disinformation. He has also represented others targeted by conspiracy theories, working with Protect Democracy to counter authoritarian threats in the new information landscape, which he describes as lawless.
More than a dozen high-profile defamation cases have made their way through the courts in the past few years. The majority have been brought against defendants on the right, but there are also cases against media organizations. Payouts for defamation cases against the right have been significant, such as a case where former President Donald J. Trump was ordered to pay $83 million and a $787.5 million settlement secured against Fox News. However, some victims of defamation struggle to find legal representation due to the high costs involved in bringing such cases to trial.
Despite his day job working with powerful clients at a big Washington law firm, Michael J. Gottlieb has made it a “hobby” to take on defamation cases on behalf of those whose lives and reputations have been damaged by powerful figures spreading disinformation. He has represented individuals targeted by conspiracy theories, such as the victims of “Pizzagate” and Seth Rich’s family. Gottlieb emphasizes the importance of standing up to bullies who target defenseless people and endanger lives with false information, highlighting that there are effective ways to make political points without resorting to spreading lies.
Gottlieb’s involvement in cases related to false claims about the 2020 election led to his representation of Ruby Freeman and Shaye Moss in a lawsuit against Rudolph Giuliani, who falsely accused them of manipulating ballot results in Georgia. The jury ordered Giuliani to pay $148,169,000 to the two women, but the case was put on hold after Giuliani declared bankruptcy. Despite the high-profile nature of these defamation cases targeting key disinformation spreaders, lawyers involved in these efforts recognize that they may not significantly impact the broader issue of widespread disinformation, particularly when political incentives continue to drive its spread.
While defamation cases have been successful in holding some individuals accountable for spreading falsehoods, they may have limitations in combatting broader disinformation campaigns fueled by political motivations. Lawyers like Gottlieb and organizations such as Protect Democracy continue to pursue legal action against those who spread lies and defame individuals, but they acknowledge the challenges in effectively addressing the larger issue of disinformation. Despite the ongoing efforts to combat falsehoods, the fight against disinformation remains a complex and ongoing battle with no clear victory in sight.
