Perez Hilton Wins Lawsuit Against '16 and Pregnant' Star
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Kristina Head, a cast member on the fourth season of MTV's 16 and Pregnant, has lost her libel lawsuit against Perez Hilton which alleged that the celebrity blogger publicized a murder insinuation against her on social media.
Head, also known as Kristina Robinson, was prominently featured on the MTV reality series following the death of her fiancé, Todd Hight, Jr., the father of her child. The show largely focused on Todd's tragic death and its effect on Head.
However, several weeks before the premiere of Head's season in March 2012, Tina Hight, the mother of her late fiancé, took to Facebook to address the fateful beach trip that resulted in her son's death. Hight claimed, "They killed him" and "We feel like they all planned this" and "I wonder if she cared @ all."
Hilton picked up the story on March 16, 2012, under the title, "16 and Pregnant Murder Mystery!" In response, Head sued for defamation in Texas.
The judge didn't address the reasons for the case's dismissal, but one theory suggests that the judge felt that the subject of Hilton's report was "a matter of public concern" and that Head was unlikely to win her lawsuit should it have gone to trial. In the lawsuit, Hilton's attorneys argued that Head "thrust herself into the public eye and brought public attention to Todd Hight's death" as a result of her participation in the MTV show, making her would-be mother-in-law's Facebook post fair game.
"As a direct result of Plaintiff's actions, Tina Hight was given a microphone and a spotlight to discuss her son's death," says the motion to dismiss. Thus, the burden shifted to Head to establish a presumption that defamation occurred.
In Hilton's post, it was reported that "Kristina Robinson and newcomer on this season's 16 and Pregnant, may have been involved in the murder of her late fiancé, Todd Hight Jr!"
The operative word is "may," as the motion to dismiss said the posting was "substantially true."
"It does not assert as fact that Plaintiff was criminally involved in any crime," argued Hilton's lawyers. "Instead it merely expresses the 'possibility' of Plaintiff's involvement... In addition to the literal truth of the statement, its substantial truth is readily apparent when viewed in context. As the Posting makes clear: (1) Todd Hight drowned when Plaintiff was pregnant with his child, (2) Tina Hight does not think his death was an accident, and (3) Tina Hight accused Plaintiff of involvement in Todd's death."
The ruling is thought to have been a byproduct of Texas' anti-SLAPP legislation. The anti-SLAPP statute has been put in place to avoid meritless litigation where the First Amendment is implicated.
Of the ruling, Freedman states, "We are pleased the court granted Perez Hilton’s anti-SLAPP motion. It is unfortunate that this so called ‘reality star’ had little reality of her own when it came to this case. I am sure it will now start to sink in as we move to collect the legal fees and costs incurred defending this frivolous case.”