Boulger v. Woods, No. 18-3170 (6th Cir. 2019)Annotate this Case
After a rally for then-presidential candidate Trump, the Chicago Tribune newspaper posted a photograph on Twitter of a woman at the rally, wearing a Trump T-shirt, and giving a Nazi salute. A Twitter user posted that photograph, with a photograph of Boulger, with the false statement, “The ‘Trump Nazi’ is Portia Boulger, who runs the Women for Bernie Sanders Twitter account. It’s another media plant.” The actor and producer James Woods tweeted the same pictures, adding: Woods had more than 350,000 Twitter followers. News outlets identified the woman in the Nazi salute photograph as Peterson. Woods instead tweeted a follow-up: “Various followers have stated that the Nazi Salute individual and the #Bernie campaign woman are NOT the same person.” Boulger requested a retraction. Woods deleted the tweet and posted: “I have an opportunity to clarify something I challenged immediately when it hit Twitter. Portia A. Boulger was NOT the ‘Nazi salute lady.’” and ” “Though she supports @BernieSanders, I am happy to defend her from abuse. I only wish his supporters would do the same.” Boulger “received hundreds of obscene and threatening messages, including death threats.” Boulger sued for defamation and invasion of privacy under Ohio law. The district court extended the service deadline to August 7, Woods filed an answer on June 7, asserting insufficient service of process. The district court found that Woods waived his jurisdictional defenses but granted Woods judgment on the pleadings. The Sixth Circuit affirmed, noting the ambiguity of Woods’s tweet. Because Woods’s tweet could reasonably be read to have an innocent meaning, under the innocent construction rule the tweet, as a matter of law, is not actionable. Woods’s actions waived the jurisdictional issue.