Attorney Josh Koskoff, the lawyer representing the Sandy Hook victims’ families warned that there could be legal ramifications at the outset of Megyn Kelly’s controversial interview with Sandy Hook conspiracy theorist Alex Jones. Despite the warning, NBC aired the interview, and the odds are low for a lawsuit to ensue. Attorney Koskoff warned that the interview "will cause serious emotional distress" to the Sandy Hook families, but attorneys and media law experts agreed any lawsuit would hinge on federal tort doctrine dealing with intentional infliction of emotional distress, but would run up against a First Amendment defense.
Judge Frederick A. Freedman, a former Connecticut Appellate Court judge and “of counsel” at Halloran & Sage in Westport, offered "I think a lawsuit would be very weak. You do have First Amendment rights. If every time you heard something on TV that distressed you, the courts would be flooded with emotional distress cases." Though there is still room for debate, many believe the odds for a lawsuit have diminished significantly.
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