Former NFL quarterback Brett Favre’s legal team is set to appear before the 5th U.S. Circuit Court of Appeals on Tuesday, seeking to reinstate a defamation lawsuit against fellow Pro Football Hall of Famer Shannon Sharpe.
The lawsuit, which was dismissed by a federal judge in Mississippi last October, stems from comments Sharpe made about Favre’s involvement in a Mississippi welfare scandal.
The case revolves around Sharpe’s remarks during a September 2022 broadcast of “Skip and Shannon: Undisputed” on Fox Sports.
Sharpe accused Favre of “taking from the underserved” and stealing money from “the lowest of the low,” referring to Favre’s connection to the misuse of welfare funds in Mississippi.
U.S. District Judge Keith Starrett previously dismissed the lawsuit, ruling that Sharpe’s comments were protected as “rhetorical hyperbole” under the First Amendment. Favre’s attorneys argue that a reasonable listener could interpret Sharpe’s statements as factual assertions about Favre.
The lawsuit is set against the backdrop of a larger Mississippi welfare scandal, where over $77 million in Temporary Assistance for Needy Families funds were allegedly misspent between 2016 and 2019. Favre reportedly received $1.1 million in speaking fees from a nonprofit that used this money, intended for a volleyball arena at his alma mater.
While Favre has repaid $1.1 million, he still allegedly owes $729,790 in interest. He denies any wrongdoing and faces no criminal charges but is among dozens being sued by the state’s Department of Human Services.
The appeals court’s decision could have significant implications for the boundaries of protected speech in sports commentary and the ongoing welfare scandal investigation.