Please ensure Javascript is enabled for purposes of website accessibility
Six Essential Things to Know About Devin Nunes' Lawsuits
Bill McEwen updated website photo 2024
By Bill McEwen, News Director
Published 6 years ago on
April 16, 2019

Share

After the Republicans lost the House of Representatives in November, my colleague, David Taub, asked Fresno State political science professor Thomas Holyoke how the election results might affect Rep. Devin Nunes’ high profile.

Portrait of GV Wire News Director/Columnist Bill McEwen
Bill McEwen
Opinion
“Since he no longer has the chairmanship of the intelligence committee for a platform, he will find other ways to get out a message, a message most likely in defense of the president,” Holyoke said. “Fox News is a great place for him to do that, so I expect to see even more of him. There is not much more a member of the House minority party can do.”
One of those other ways is suing media companies for large amounts of money and making sure Fox News is alerted first.
Here are six essential things you should know about Nunes’ $250 million lawsuit against Twitter, two anonymous Twitter accounts, and political consultant Liz Mair; and his $150 million lawsuit against The Fresno Bee and McClatchy Newspapers:

1. Why He Sued

Nunes loves attention as much as he hates meeting with constituents who aren’t major campaign donors. He loves public fights as much as he hates held to account by The Fresno Bee. And he loves carrying Donald Trump’s political water as much as he hates environmentalists.
So, for Nunes, this was an easy call. He energizes his base, gets to attack The Bee again and provides more cover for Trump to renew his call to regulate Twitter, Facebook, and Google.
Plus, Nunes gets to talk “conspiracies” with Sean Hannity.
In a Fox News interview, former independent counsel Ken Starr praised Nunes for suiting Twitter.
“They can censor. They proudly say we must censor,” Starr said of social media companies. “But are they censoring in a fair-minded way?”
Starr called the lawsuit “a terrific method for getting real accountability in a way that is going to be hard to do for Congress.” He also speculated that Nunes’ goal is to force Twitter into depositions where its methods for determining what’s fit and unfit would be “illuminated.”

Nunes Fresno Bee mailer
A 40-page mailer the Nunes campaign sent to voters last year. (GV Wire File)

2. The High Bar for Proving Defamation

Lawyer Jeffrey G. Purvis is the James K. and Carol Sellars Herbert Professor of Constitutional Law at San Joaquin College of Law. In an interview last week, he explained the legal obstacles facing Nunes.
Purvis said that “it’s extremely rare for a public figure to win a defamation lawsuit, where the defendant is engaged in information gathering and publishes that information.”
The standard for a public figure to prove defamation against a news organization is high, he said. Public figures must show that the defendant published “a falsehood that injures their reputation. They have to show that the defendant knew what was printed was false and they were reckless about the falsity.”
Purvis also said the fact that Nunes didn’t respond to The Bee’s requests for interviews before publication of the story cited in his lawsuit — “A yacht, cocaine, prostitutes: Winery partly owned by Nunes sued after fundraiser event” — “would undercut his defamation lawsuit.”
Additionally, The Bee says Nunes has never asked for a correction.

3. The Famous Falwell Case

Nunes’ defamation lawsuit against Twitter and Mair also cites the parody accounts (@DevinNunesMom and (@DevinCow). Twitter has since suspended the @DevinNunesMom account.
Purvis pointed me to Hustler Magazine, Inc. v. Falwell, which involved a parody ad published by the skin magazine. It portrayed the Rev. Jerry Falwell as engaging in a drunken sex act with his mother in an outhouse.
At trial, the jury rejected Falwell’s claim for libel but ruled he had suffered emotional distress. The jury awarded him $150,000 in compensatory and punitive damages.
The case eventually reached the U.S. Supreme Court, which ruled 8-0 in Hustler’s favor and struck down the award.
Chief Justice William Rehnquist, an appointee of President Nixon, wrote the opinion, concluding:
“This claim cannot, consistently with the First Amendment, form a basis for the award of damages when the conduct in question is the publication of a caricature such as the ad parody involved here. The judgment of the Court of Appeals is accordingly Reversed.”

The Hustler magazine parody ad involving Jerry Falwell that sparked a defamation lawsuit eventually decided by the U.S. Supreme Court. (famous-trials.com)

4. Nunes’ Claim of Twitter ‘Shadow-Banning’ Conservatives

In his lawsuit against Twitter, Nunes accuses it of potentially impacting the 2018 midterm election results by “shadow-banning” conservatives. Good luck proving that.
One, Nunes raised many millions of dollars and won his race. In fact, his campaign account ended 2018 in excellent financial condition, with no debt and $4.2 million cash on hand.
Two, nothing on Twitter appears to have hurt his conservative credentials or fundraising capabilities. In fact, he raised $12.6 million during the 2017-18 campaign cycle for his account. That compares to the $2.16 million average raised by House members for the 2018 campaign, according to opensecrets.org.
“Twitter is a machine,” Nunes’ personal attorney, Steven Scott Biss, told Fox News. “It is a modern-day Tammany Hall. Congressman Nunes intends to hold Twitter fully accountable for its abusive behavior and misconduct.”
Appears to me that Tammany Hall, if anything, has helped Nunes’ standing with donors. He only raised $2.46 million in the 2016 election cycle — and that figure was his all-time high at the time.
Three, President Donald J. Trump is the leader of the Republican Party and of today’s conservative movement. Trump’s two Twitter accounts (@realDonaldTrump, @POTUS) totaled 85.3 million followers as of Monday morning. He has sent out about 46,600 tweets.
While not nearly as prolific on Twitter as the president, Nunes is active on the social media giant, too. And he appears to have no trouble getting his message out. His personal account, @DevinGNunes, has tweeted 2,067 times and has 437,000 followers. His congressional account, @RepDevinNunes, shows 32,400 followers and 159 tweets.


Twitter isn’t shadow-banning Nunes. Instead, it’s providing a free platform for the congressman to promote his views.

5. Nunes’ Attorney Once Was Suspended, Now He Seeks Millions in Lawsuits

Steven Scott Biss has had an interesting career. His LinkedIn profile indicates he graduated from Princeton University with a bachelor’s degree in American history and military intelligence. He got his law degree from the University of Richmond School of Law.
He had a bit part in the President Clinton-Paula Jones court fight and in 2017 represented one of the principals in a dispute over making a movie about martial arts legend Bruce Lee’s life.
In October 2008, the Virginia State Bar suspended Biss a year and one day.
“In a corporate and securities matter, he violated professional rules that govern competence, scope of representation, and misconduct that involves deliberately wrongful acts that reflect adversely on his fitness to practice,” the bar said.
While Biss was serving that suspension, the Virginia State Bar additionally suspended him for 30 days effective the first day of 2010 for representing himself as an attorney while on suspension.
According to bar records, he presently is a lawyer in good standing.
Biss also represents Dallas area investor Ed Butowsky. Last summer Butowsky filed a $57 million defamation lawsuit against NPR and its media reporter, David Folkenflik, for a series of stories in 2017, including one headlined “The Man Behind The Scenes In Fox News’ Discredited Seth Rich Story.”
Folkenflik reported that a federal lawsuit alleged that Butowsky had worked with the White House to influence a retracted Fox News report. The Fox Report centered on conspiracy theories about murdered Democratic National Committee staffer Seth Rich.
The case isn’t resolved.

Photo of Ed Butowsky
Dallas-based investor Ed Butowsky sued NPR for $57 million last summer. He is represented by attorney Steven Scott Biss, who is handling Rep. Devin Nunes’ lawsuits against Twitter, The Fresno Bee, and political consultant Liz Mair. (edbutowsky.com)

6. Is Your Skin Thin? Then Stay Out of Politics

One Biss case echoing Nunes’ lawsuit against The Bee was a $1.35 million defamation lawsuit on behalf of a Virginia county supervisor against a weekly publication for a series of articles.
The judge threw out the case before it went to the jury.
Before the initial story’s publication, the reporter sent the supervisor 12 specific questions laying out what he had turned up. Instead of answering the questions, the supervisor responded with a statement that the weekly published with the article.
The judge noted that this sequence of events weighed in his decision.
And he told Biss’ client: As a public official, “you’re required to have a thicker skin.”
Editor’s Note: This column was corrected at 12:45 p.m. Tuesday to reflect that Nunes sued Twitter, two parody accounts, and Mair.  

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Virginia Giuffre, Voice in Epstein Sex Trafficking Scandal, Dies at 41

DON'T MISS

California Proposes Allowing Testing of Self-Driving Heavy-Duty Trucks

DON'T MISS

Higher Taxes on Millionaires? Trump Says He’s Open, but Many in His Party Are Not

DON'T MISS

Ex-US Rep. George Santos Sentenced to Over 7 Years in Prison for Fraud and Identity Theft

DON'T MISS

Selma Mayor Charged With Electioneering Violation on Election Day

DON'T MISS

Fresno Air Improves. Where Does It Rank in the US?

DON'T MISS

As Harris Ponders Run for CA Governor, Is She Prepared for the Daunting Job?

DON'T MISS

Stocks Rise With Tech-Related Shares, Notch Weekly Gains; Dollar Up

DON'T MISS

Conflicting US-China Talks Statements Add to Global Trade Confusion

DON'T MISS

Driving Near the Fresno Airport Next Week? Plan for Road Closures

UP NEXT

Fresno Air Improves. Where Does It Rank in the US?

UP NEXT

As Harris Ponders Run for CA Governor, Is She Prepared for the Daunting Job?

UP NEXT

Driving Near the Fresno Airport Next Week? Plan for Road Closures

UP NEXT

Fresno Man Arrested in 2004 Cold Case Rape and Murder

UP NEXT

Valley Crime Stoppers’ Most Wanted Person of the Day: Willie Ray Butler

UP NEXT

Fresno Ranks Fourth in US for an Affordable Night Out

UP NEXT

Fresno Man Tased, Arrested After Suspected Reckless DUI in Kerman

UP NEXT

Madera Vehicle Burglary Leads to Arrests, Gang Charges for Juveniles

UP NEXT

Beware of Scammers Saying You Won the Publishers Clearing House Drawing

UP NEXT

Lights, Camera, Board Vote: Fresno Unified’s Carefully Choreographed Production

Bill McEwen,
News Director
Bill McEwen is news director and columnist for GV Wire. He joined GV Wire in August 2017 after 37 years at The Fresno Bee. With The Bee, he served as Opinion Editor, City Hall reporter, Metro columnist, sports columnist and sports editor through the years. His work has been frequently honored by the California Newspapers Publishers Association, including authoring first-place editorials in 2015 and 2016. Bill and his wife, Karen, are proud parents of two adult sons, and they have two grandsons. You can contact Bill at 559-492-4031 or at Send an Email

Ex-US Rep. George Santos Sentenced to Over 7 Years in Prison for Fraud and Identity Theft

11 hours ago

Selma Mayor Charged With Electioneering Violation on Election Day

11 hours ago

Fresno Air Improves. Where Does It Rank in the US?

11 hours ago

As Harris Ponders Run for CA Governor, Is She Prepared for the Daunting Job?

12 hours ago

Stocks Rise With Tech-Related Shares, Notch Weekly Gains; Dollar Up

12 hours ago

Conflicting US-China Talks Statements Add to Global Trade Confusion

12 hours ago

Driving Near the Fresno Airport Next Week? Plan for Road Closures

13 hours ago

Misty Her: Push for Fresno Unified Turnaround Starts Now With ‘Boots on the Ground’

13 hours ago

Fresno Police Arrest 17 in Domestic Violence Crackdown

13 hours ago

What’s Next for Fresno Smoke Shop Ordinance: Lawsuit, Veto, Override?

14 hours ago

Virginia Giuffre, Voice in Epstein Sex Trafficking Scandal, Dies at 41

Virginia Giuffre, a former victim of Jeffrey Epstein’s sex-trafficking ring who said she was “passed around like a platter of fruit” as a te...

7 hours ago

Virginia Roberts Giuffre speaks to reporters in New York on Aug. 27, 2019. Giuffre, a former victim of Jeffrey Epstein’s sex-trafficking ring who said she was “passed around like a platter of fruit” as a teenager to rich and powerful predators, including Prince Andrew of Britain, died on Friday at her farm in Western Australia. She was 41. (Jefferson Siegel/The New York Times)
7 hours ago

Virginia Giuffre, Voice in Epstein Sex Trafficking Scandal, Dies at 41

10 hours ago

California Proposes Allowing Testing of Self-Driving Heavy-Duty Trucks

11 hours ago

Higher Taxes on Millionaires? Trump Says He’s Open, but Many in His Party Are Not

11 hours ago

Ex-US Rep. George Santos Sentenced to Over 7 Years in Prison for Fraud and Identity Theft

Selma Mayor Scott Robertson (left) has been charged with misdemeanor electioneering for allegedly campaigning near voters at a polling place during the November 2024 election. (Facebook)
11 hours ago

Selma Mayor Charged With Electioneering Violation on Election Day

11 hours ago

Fresno Air Improves. Where Does It Rank in the US?

12 hours ago

As Harris Ponders Run for CA Governor, Is She Prepared for the Daunting Job?

12 hours ago

Stocks Rise With Tech-Related Shares, Notch Weekly Gains; Dollar Up

Help continue the work that gets you the news that matters most.

Search

Send this to a friend