Filing # 95655193 E-Filed 09/13/2019 10:50:56 AM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

CASE NO.: 2018-035872-CA-01

SECTION: CA25
JUDGE: Daryl E Trawick

Anthony F DeFillipo
Plaintiff(s) / Petitioner(s)
vs.
American Federation of State, County and Municipal et al
Defendant(s) / Respondent(s)
____________________________/

ORDER GRANTING DEFENDANT THOR MEDIA GROUP’S MOTION TO

DISMISS FOR FAILURE TO STATE A CLAIM

THIS CAUSE, having come before the Court on Defendant THOR MEDIA GROUP,

LLC’s. MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, following the Court’s

review of the Complaint, the attached exhibit, and the Motion, and otherwise being advised in

the premises, it is hereby ORDERED and ADJUDGED that:

“Whether statements are privileged expressions of pure opinion or unprivileged mixed

expressions of opinion is a question of law properly resolved by the trial court. Smith v. Taylor

County Publishing Co., Inc., 443 So.2d 1042 (Fla. 1st DCA 1983); From v. Tallahassee

Democrat, Inc., 400 So.2d 52 (Fla. 1st DCA 1981).

The Plaintiff acknowledges the context in which the mailer was published and

distributed as a political election in which the audience would naturally anticipate the use of

rhetorical hyperbole by stating in their Complaint they are a “current candidate for Mayor of

North Miami Beach” (¶12),and the mailer was “mailed to thousands of citizens” (¶17).
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With respect to statements about the conduct of public officials, the protection of the

constitutional guaranty of freedom of speech and the press does not turn upon the truth,

popularity, or social utility of the ideas and beliefs that are offered. New York Times v. Sullivan

, 376 U.S. 254 (1964).

In limiting itself to the four corners of the complaint, including the attached exhibit, this

Court finds that statements that Plaintiff alleges are about him, are defamatory and caused him

harm do not state a claim for defamation as a matter of law. The statements Plaintiff alleges

are defamatory do not refer to a specific crime that the Plaintiff committed, but rather fall into

one or more protected speech categories.

The Plaintiff concludes the following statement are libelous:

a. Tony “Soprano” DeFillipo is FOR SALE to the highest bidder

b. Tony Soprano’s CRIME FAMILY is asking for your support

c. Don’t let their corrupt money buy this election

d. Tony “Soprano” DeFillipo’s slate is more like a crime family....

however, this Court is not obligated to reach the same legal conclusion that Plaintiff’s reached.

This Court finds the statements do not contain a provably false assertion of fact, are

name-calling, satire or parody not intended to be believed, and are not actionable under the

First Amendment of the Constitution. The statements do not refer to a specific crime that the

Plaintiff committed. The attached exhibit, also publishes or republishes pure opinion, where the

defendants’ comment or opinion are based on facts which are set forth in the publication or

which are otherwise known or available to the reader or listener as a member of the public.

The complaint does not allege any of the quoted articles contained in the publication
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which form the basis of the opinion in the publication contain false statements of fact, and the

complaint does not allege that Plaintiff has never been arrested for driving with suspended

license, giving alcohol to a minor, or marijuana possession. The quotes, by publishers

Biscayne Times, and Miami New Times, and the pictures of the Plaintiff, the Plaintiff’s “like” of

a social media post, and public records form the basis of the opinion, parody, commentary,

and name-calling in the publication. Mere name calling does not rise to the level of sustaining

an action for defamation.

To the extent that Plaintiff purports to plead through innuendo that the statements in the

mailer are defamatory to him because it refers to him belonging to the “Italian mafia” (¶13) or

“a member of organized crime” or “mafia” (¶17), courts applying the same First Amendment

standards as Florida under the U.S. Constitution have dealt with such a case before, in which

such an allegation was made in a claim for slander per se. In Privitera v. Town of Phelps, 79

A.D.2d 1, 435 N.Y.S.2d 402 (4th Dep’t 1981) the Court held it is not slander per se to charge

another with membership in the Mafia. Unquestionably, words implying criminal conduct,

especially words loaded with the emotional freight of "Mafia", are offensive and hold the

plaintiff up to contempt. But they are not slanderous per se unless they specify a crime or a

crime is readily apparent from properly pleaded innuendo (Citations Omitted). See 50 AM JUR

Libel and Slander § 170, at 540 n. 2, 541 n.3.

I. COUNT I of PLAINTIFF’s Complaint For Libel is DISMISSED with leave to amend for

failure to state a claim. See Hustler Magazine v. Falwell (1988); Hay v. Independent

Newspapers, Inc., 450 So. 2d 293, 295 (Fla. 2d DCA. 1984); From v. Tallahasse

Democrat, Inc., 400 So. 2d 52, 56 (Fla. 1st DCA 1991); Sepmeier v. Tallahassee Dem.,

Inc., 461 So. 2d 193, 196 (Fla. 1st DCA 1984); Town of Sewall’s Point v. Rhodes, 852 So.

2d 949, 951 (Fla. 4th DCA 2003).

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II. COUNT II OF PLAINTIFF’s COMPLAINT FOR LIBEL PER SE IS DISMISSED with leave

to amend. See Id.

DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 13th day of
September, 2019.

2018-035872-CA-01 09-13-2019 10:44 AM

Hon. Daryl E Trawick

CIRCUIT COURT JUDGE

Electronically Signed

No Further Judicial Action Required on THIS MOTION

CLERK TO RECLOSE CASE IF POST JUDGMENT

Copies Furnished To:

David P Reiner II , Email : efile@reinerslaw.com
David P Reiner II , Email : eservice@reinerslaw.com
Hector Roos , Email : HectorRoosTMG@gmail.com
Hector Roos , Email : hectorroostmg@gmail.com
Jose Javier Rodriguez , Email : JJR@sugarmansusskind.com
Jose Javier Rodriguez , Email : jess@sugarmansusskind.com
Jose Javier Rodriguez , Email : josejrodriguezpa@gmail.com
Michael A Pizzi Jr , Email : annecates@comcast.net
Michael A Pizzi Jr , Email : mpizzi@pizzilaw.com
Samuel B. Reiner II , Email : efile@reinerslaw.com
Samuel B. Reiner II , Email : eservice@reinerslaw.com
William Douglas Muir , Email : service.wdmuir@gmail.com
William Douglas Muir , Email : douglas@muirlaw.miami
William Douglas Muir , Email : wdmuir@gmail.com