A U.S. District Court Judge in Arizona has dismissed the defamation lawsuit filed by Hungarian swimmer Katinka Hosszu against writer Casey Barrett and Swimming World Magazine.
Last November, Hosszu filed suit against Barrett, Swimming World and it publisher, Sports Publications International, Incorporated.
The suit centered around an opinion piece written by Barrett and published on Swimming World‘s website, a story called “Are Katinka Hosszu‘s Performances Being Aided?” The story raised questions about Hosszu’s legality concerning anti-doping rules based on her extreme endurance and success in the pool, though the story noted that there was no proof Hosszu had ever failed a doping test.
That piece was published in May. In November, Hosszu sued Barrett and Swimming World for defamation, claiming that the allegations that she was doping were untrue and that the site knew they were untrue even as they published the story.
The case wrapped up this month, just under a year from when the suit was filed. Judge G. Murray Snow granted a motion to dismiss filed by Barrett, Swimming World and Sports Publications Internationa, Incorporated, ruling that Barrett’s piece was protected speech under the 1st Amendment and was clearly designated as opinion, rather than fact.
The specifics of the case lean on court precedent stating that “the threshold questions in defamation suits is… whether a reasonable factfinder could conclude that the statement implies an assertion of objective fact.”
Snow’s decision notes that Barrett admitted in the first sentence of his piece that “there is no proof” that Hosszu was doping, and wrote the story based on his own analysis of facts about Hosszu’s career. Snow also points out that Barrett’s story was designated three times as “commentary,” suggesting a statement of opinion, rather than an assertion of facts.
The case has now been dismissed. You can read the decision here and the court order to dismiss the lawsuit here.
My sister knows little about the sports but she thinks Ledecky is a doper because of her receding hairline and her 12 sec margin in 800m free, while she never questions Hosszu’s performances.
Casey didn’t want to write that article, but someone cocked a pistol and pressed it against his forehead.
I’m not a coach or even really any kind of athlete, but I just do not understand how an increased weights program which could produce a physique like hers is compatible with her year-round level of speed. Weights break you down and make it difficult to go fast. If she’s on a program centered on heavy weights, how is she also able to go so fast all the time?
Michael Andrew is not a perfect comparison, but look at him. He’s just starting a program of lifting and his in-season times tanked immediately.
I find Katinka’s story very interesting and therefore I read many pieces (including the one by Barrett) which suspect doping behind her success. I have to say, the more I read about this, the more I am convinced that she is NOT doping. This is because these articles present hardly any arguments which would support their claim. Same goes for the comments in this section. I see this “Attila the hunt” person trying real hard to make her look guilty. But all he does is listing her great performances. Katinka’s great performances only prove that she is doing great, not that she is doping. Nobody was able to present any evidence so far which would make a connection to doping… Read more »
People should really question Ledecky’s performance despite her never failing doping test – remember Armstrong? Ledecky looks manly, with typical male “boldness”, a sign of high T level.
If you look at old videos of Katie as a very little girl, she had the same hairline. It is natural for her. I don’t think many little boys even have that hairline. It’s just the way she was made.
Wow, I guess while I was at work today Hulk and Attila threw down in the comments 🙂
I found the following troubling (not based on any hard facts/evidence):
1. The shady 1 swimmer/1 coach dynamic (he ain’t small either. . .)
2. She seemed to be able to go balls to the wall prelims, semis, finals. These aren’t short events folks
3. Watch the end of the 200 Backstroke, DiRado’s stroke rate has declined as you’d expect through a 200. Katinka on the other hand is churning along at a much higher rate, BUT is not able to get it done because of what must be lesser technique.
Watch the 100 back final, she was accelerating in the last 15 meters.
same as chalmers, penny, simone and some dude named michael
You’ve put your finger on the most telling aspect of the scenario–that her husband is her coach.
This is an exercise in futility. You can choose to think what you want and it doesn’t matter one way or the other. The bottom line is that unless one has proof that an athlete used PEs, it’s merely unfounded speculation. At best, that’s irresponsible. But, it’s also tantalizing, which is what they want. Sometimes, athletes rise to the occasion, which is what makes sport so compelling to many of us.
Shirley Babashoff was vilified and her career ruined because her competitors used PED and she had the guts to speak up and she was accused of unfounded speculation.
Apparently little has changed since 1976.