Judge Throws Out Defamation Lawsuit Against Liu

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The New York Sun

When a city council member called a fired DJ a “sick, racist pedophile” for making sex-laced rants about a rival’s young daughter, would listeners have taken the councilman’s comments literally? A federal judge said no on Friday, throwing out DJ Star’s defamation lawsuit against Council Member John Liu. The judge said Mr. Liu’s remarks could not be seen as factual by most listeners and viewers, which is key to a defamation claim.

“No reasonable person would have believed [Liu] was conveying a fact about plaintiff — i.e., that plaintiff was engaged in acts of pedophilia — rather than defendant’s opinion,” U.S. District Judge George B. Daniels wrote.

DJ Star, whose real name is Troi Torain, was briefly charged with child endangerment and fired from WWPR-FM’s “Star & Buc Wild Morning Show” last year after making remarks about the wife and 4-year-old daughter of rival DJ Raashaun Casey. Prosecutors later dropped the child endangerment charge, saying they wanted to spare the girl further attention. Mr. Liu denounced Mr. Torain in press conferences and television interviews, calling him a “pedophile” and a “lunatic” who should be “terminated from the face of the earth,” according to court papers.

Mr. Torain sued Mr. Liu last year for $55 million, saying his reputation was permanently damaged. Mr. Liu said Friday he did not regret his comments.

Mr. Torain’s lawyer didn’t return a message seeking comment Friday.


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