A federal judge in the Southern District of Texas has dismissed a defamation lawsuit brought by FBI Director Kash Patel against Jackson Walker client Frank Figliuzzi, a former senior FBI official and current television news analyst, concluding that the challenged statement was protected speech and not actionable as defamation.
The lawsuit stemmed from a May 2025 appearance on MSNBC’s Morning Joe, during which Figliuzzi commented sarcastically that Patel had been “visible at nightclubs far more than he has been on the seventh floor” of the FBI’s Washington, D.C., headquarters. Patel alleged that the remark defamed him and filed suit in federal court in Texas.
In a written decision, U.S. District Court Judge George Hanks Jr. ruled that Figliuzzi’s statement amounted to “rhetorical hyperbole” and could not reasonably be interpreted as a literal statement of fact. Judge Hanks explained that a person of ordinary intelligence would not understand the comment to mean that Patel had literally spent more time in nightclubs than working at FBI headquarters. Because the statement did not meet the legal standard for defamation, the court dismissed the case.
Jackson Walker partner Marc Fuller, who represented Frank Figliuzzi with attorneys Maggie Burreson and Abby Lahvis, commented, “This is a victory for press freedom and the First Amendment. Director Patel’s claim against Frank was baseless, and we are pleased that the court dismissed it.”
For more information, view the articles published by CNBC and Law360.
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Founded in 1887, Jackson Walker has grown to become the largest law firm in Texas. Our Media Law group has represented clients in the television, radio, newspaper, magazine, and publishing sectors related to litigation and transactional matters involving news content, employment, entertainment, intellectual property, advertising, and other related matters. To learn more about our experience defending First Amendment rights, visit the Trial & Appellate Litigation and Media Law practice pages.
