Alec Baldwin fallen marine

Earlier this year, we reported that actor Alec Baldwin was being sued for defamation by the family of a U.S. Marine who was killed in a suicide bombing in Afghanistan last summer. Now, Baldwin is fighting back by attempting to get this lawsuit dismissed. 

Backstory: Alec Baldwin Hit With $25 Million Lawsuit By Family Of U.S. Marine Killed In Afghanistan Suicide Bombing

Baldwin Seeks To Get Lawsuit Dismissed 

Roice McCollum, the sister of fallen U.S. Marine Lance Cpl. Rylee J. McCollum, is suing Baldwin for falsely claiming that she took part in the January 6 Capitol riot.

Baldwin filed a motion earlier this week in the United States District Court of Wyoming arguing that the lawsuit should be dismissed on the grounds of freedom of speech.

Attorney Dennis Postiglione told Fox News that he found Baldwin’s free speech argument to be “astounding.”

“The irony of Baldwin asserting a political free speech defense is astounding. His entire series of posts and the subsequent attacks he caused and stoked against my clients continue to occur to this day,” Postiglione said. “Roice McCollum’s exercise of her own free speech rights is what set Baldwin off.”

“In addition, Roice has asserted multiple Federal and State claims aside from defamation,” he added. “There are two other family members, Rylee’s other sister and his widow, who were nowhere near D.C. on January 6 with multiple claims against Baldwin. Frankly, the motion is predictable and his arguments were expected. We will file a timely response and believe we will prevail.”

Baldwin’s Lawyers Sound Off 

McCollum is suing Baldwin for defamation, invasion of privacy, negligence and intentional infliction of emotional distress. She is seeking $25 million.

Baldwin’s lawyers, however, are claiming that her lawsuit is without merit. 

“Baldwin expressed his opinion about a matter of public concern,” Baldwin’s attorneys stated in their filing. “Several others have expressed the same opinion as Baldwin about January 6. Some have expressed the opposite opinion. And there are opinion sections of major news outlets debating whether January 6 was an insurrection. There’s even a committee of the U.S. Congress investigating this issue.”

“Reposting a photo Roice herself publicly posted and then expressing a political opinion about it cannot be the basis for an intentional infliction claim,” they continued. 

Related: Alec Baldwin Chimes In About Will Smith Hitting Chris Rock At The Oscars

Baldwin Mislabels Fallen Marine’s Sister As ‘Rioter’

Baldwin had initially donated $5,000 to the widow of Roice’s brother after he learned of the fallen Marine’s story.

However, he changed his mind when he came upon a photo of Roice at the Washington Monument on the day of the Capitol riot. Though he then labeled Roice publicly on social media as a “rioter,” it was later found that while she was protesting against Joe Biden on that day, she did not take part in the actual riot. 

“During the rioting, she was stuck in place outside the Capitol Building next to multiple police officers for hours after the rioting began due to the fact that so many people were around her and the area had been locked down,” stated the original lawsuit. “Later, a neighbor who was unhappy that Roice attended the demonstration turned her in to the authorities.”

Lawyers representing Roice have claimed that Baldwin labeling her a “rioter” on social media to his millions of followers was “negligent and reckless.”

‘Baldwin’s Conduct Was Negligent’

“Baldwin’s conduct was negligent and reckless as he should have known that making the allegations he did against plaintiffs to his millions of followers would cause plaintiffs harm,” they stated in the original court documents. 

The attorneys added, “Baldwin’s comments were false, outrageous, defamatory, irresponsible, vindictive and caused – and continue to cause – plaintiffs severe emotional distress. Instead of being able to focus on grieving LCPL McCollum’s death and raising his newborn daughter, plaintiffs and their family are now fearful for their lives.”

Related: Alec Baldwin Sounds Off On ‘Rust’ Shooting – Hopes He ‘Will Not Be Held Criminally Responsible’

This comes as the fatal shooting on the set of Baldwin’s film Rust is still being investigated by the authorities. It remains to be seen whether or not he will be able to get this latest lawsuit against him dismissed. 

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