NBA Referee Accused of Fixing Game, Sues Writer for Defamation
In a January 24 game between the Houston Rockets and Minnesota Timberwolves, NBA referee Bill Spooner made what Timberwolves coach Kurt Rambis thought was a bad call. Rambis asked Spooner how he would make up for the bad call, and according to AP writer Jon Krawczynski, Spooner told Rambis he'd "get it back." Spooner then made a bad call against the Rockets. Krawczynski "tweeted" the following: "Ref Bill Spooner told Rambis he'd 'get it back' after a bad call. Then he made an even worse call on Rockets. That's NBA officiating folks."
Spooner has sued Krawczynski, demanding a retraction of the "tweet" as well as monetary damages for the hit to Spooner's reputation. Spooner likens the "tweet" to a false allegation of game fixing.
In Minnesota, similar to many other states, a defamation plaintiff must prove that the defendant communicated a false statement to a third person, which harmed the plaintiff's reputation and esteem in the community. Here, a statement was clearly communicated via Twitter. Truth is an absolute defense to a defamation claim. Rambis, therefore, is the critical witness in this case. He will be deposed, and must testify under oath whether Spooner made the statement as "tweeted" by Krawczynski. If he denies that Spooner made the statement, Krawczynski will be in a tough spot. Krawczynski, sitting court side near the scorer's table, apparently overheard Spooner's comments to Rambis. If so, there should be others that can testify whether they also heard the statement.
Remember though, the burden of proof is on Spooner to show that the "tweet" was false. This case also serves as a reminder that Twitter is dangerous (ask Gilbert Gottfried), due to the quick and easy manner in which one's thoughts can be communicated to the public.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.