The Volokh Conspiracy
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Another Libel-by-Product Case, Here by Voice Stress Test Rather than AI Output
From Booth v. NITV, LLC, decided yesterday by Judge D.P. Marshall Jr. (E.D. Ark.):
Trayesha Booth worked at the Arkansas Department of Corrections. An inmate said she provided contraband. After Booth twice failed a voice stress test, ADC fired her….
The court concluded, among other things, that Booth had adequately pleaded her defamation claim against the test's licensor (NITV Federal Services), and thus allowed the case to go forward (though of course any factfinding on the allegations is still in the future):
NITV Federal Services allegedly caused a false statement—that Booth was deceptive—to be published to ADC by knowingly selling a defective product. A statement framing Booth as a liar is highly offensive and plausibly caused reputational harm. A developed record may show that the tests produce only data, which must be interpreted as in Aviation Charter, Inc. v. Aviation Research Group/US (8th Cir. 2005), but the pleadings don't.
The qualified-privilege defense [which provides immunity for merely negligent statements made in certain contexts -EV] likewise doesn't bar Booth's defamation claim at the pleadings stage. Booth has plausibly alleged a bad faith statement: She says NITV Federal Services knew its test results lacked truthfulness.
Luther Oneal Sutter represents plaintiff.
