Brett Favre vs. Shannon Sharpe lawsuit, explained: Why former NFL QB was hoping to revive defamation case

Jacob Camenker

Brett Favre vs. Shannon Sharpe lawsuit, explained: Why former NFL QB was hoping to revive defamation case image

Brett Favre didn't win any of the first three defamation lawsuits he has filed since his alleged involvement in a Mississippi welfare funds scandal was revealed, but that wasn't stopping him from trying to revive one of them.

Favre once again took aim at former NFL tight end Shannon Sharpe regarding comments Sharpe made while at Fox Sports and starring on "Skip and Shannon: Undisputed."

Favre's case was originally thrown out, which is unsurprising considering how difficult it can be to prove defamation. He then chose to appeal that decision, but as of Monday, that appeal has also been dismissed.

Why did Favre appeal the original ruling on his lawsuit against Sharpe in the first place? Here's what to know about the situation.

MORE: Why Brett Favre dropped his defamation lawsuit against Pat McAfee

Brett Favre vs. Shannon Sharpe lawsuit, explained

Favre originally sued Sharpe in February 2023 because of comments the former Broncos tight end made on his then-TV show, "Skip and Shannon: Undisputed," about a welfare misspending case involving Favre.

The lawsuit claimed Sharpe defamed Favre's character by saying the former Packers quarterback "stole money from people that really needed that money." Sharpe doubled down during the segment, saying Favre was "taking from the underserved" and that it takes a special type of person "to steal from the lowest of the low."

The original defamation lawsuit was thrown out, as a judge in Mississippi ruled that Sharpe used constitutionally protected speech in criticizing Favre on the sports show's broadcast.

However, Favre's representatives were still seeking to have the case revived, as Favre hasn't been charged with a crime when he was accused by Sharpe of theft.

"That's actionable defamation because that reasonable listener is taking the word 'steal' literally and not figuratively," Favre's attorney Amit Vora said, per ESPN.

Meanwhile, Sharpe's lawyers were arguing that his comments were expressed as opinions.

"If you read his comments in context, it's quite clear that he was expressing his opinions rhetorically," attorney Joseph Terry said.

The arguments were presented to a panel of three judges at the 5th U.S. Circuit Court of Appeals judges in New Orleans, but those judges decided to also dismiss the case, affirming the prior ruling. 

"At the time Sharpe made the statements, the facts on which he was relying were publicly known, and Sharpe had a right to characterize those publicly known facts caustically and unfairly,” Judge Leslie H. Southwick said, per Awful Announcing. “Sharpe’s statements were his ‘strongly stated’ opinions ‘based on truthful established fact(s),’ and thus nonactionable.”

The decision put an end to Favre's attempt at rekindling his defamation lawsuit against Sharpe. 

What did Brett Favre do?

Favre stands accused of being involved in a welfare scheme during which the Mississippi Department of Human Services misspent $77 million from the Temporary Assistance for Needy Families program.

The money was meant to assist some of the poorest people in America. Instead, Favre allegedly received $1.1 million in fees for speeches he never made. That money was then redirected to build a new volleyball facility at the University of Southern Mississippi — Favre's alma mater, where his daughter Breleigh played volleyball.

Favre maintained he didn't know the funds in question were used to assist poor families. He repaid the $1.1 million, plus interest, and has not been charged with a crime.

The case drew considerable attention, as Mississippi state auditor Shad White called it, "the largest public embezzlement case in state history."

Favre also filed a defamation lawsuit against White when he sued Sharpe and McAfee in 2023.

Jacob Camenker

Jacob Camenker Photo

Jacob Camenker first joined The Sporting News as a fantasy football intern in 2018 after his graduation from UMass. He became a full-time employee with TSN in 2021 and now serves as a senior content producer with a particular focus on the NFL. Jacob worked at NBC Sports Boston as a content producer from 2019 to 2021. He is an avid fan of the NFL Draft and ranked 10th in FantasyPros’ Mock Draft Accuracy metric in both 2021 and 2022.