Michelle J. Smith v. Nicholas French, as Personal Representative of the Estate of Martin D. French, Deceased

In Gertz v. Robert Welch Inc • t 418 US 323(1974), Justice Powell, in reference to Defamation/Libel claims of a private individual concerning an issue of public concern, stated: "under the 1st Amendment there is no such thing as a false idea... (it) requires that we protect some falsehood in order to protect speech that matters". Applying that principle, a majority of lower courts to consider the issue have recognized that the privileges granted by the First and Fourteenth Amendments; and Laws enacted by Congress, immunizes citizens from Defamation liability and requires the standard of proof to be that of "Actual Malice". The Massachusetts Courts have split from that consensus causing a crucial need to seek the guidance of the Supreme Court. Accordingly, the questions presented are:

1. Whether this State Court judgment for Defamation/Libel should be pre-empted by the recently enacted Acts of Congress entitled: "The Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act"; and "The Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020"? If so,

2. Whether the standard of proof in a State Defamation/Libel case arising from a parental complaint to a National Governing Body of Sport, should automatically and uniformly be that of "Actual Malice"; whereas, to create a