A Virginia judge denied Rolling Stone’s motion to dismiss a defamation claim brought against the magazine in the aftermath of the infamous “A Rape on Campus” article.
The story, written by Sabrina Rubin Erdely and since retracted by the magazine, alleged the University of Virginia chapter of Phi Kappa Psi fraternity staged a violent gang rape of a freshman student identified only under the pseudonym “Jackie.” The reportage claimed Phi Psi pledges were required to participate in a gang rape in connection with their initiation.
The fraternity brought a defamation lawsuit against Erdely and the magazine, seeking damages for its publication of false and disparaging statements. Rolling Stone moved to dismiss the case, arguing the tenor of the article and the lion share of its statements concern a male student named “Drew,” who staged the grizzly attack. (RELATED: Court Docs: Rolling Stone Recently Fired Author Of Debunked Campus Gang Rape Article)
“The complaint alleges numerous points at which the Phi Kappa Psi fraternity at UVa is mentioned, not just as the location of the alleged offense, but as the actual offender, the ‘adversary’ who must be proceeded against,” Circuit Court Judge Richard Moore wrote. “I do not recall any other fraternity besides Phi Kappa Psi being mentioned by name; it is certainly the only one repeated over and over.”
Moore ruled that Phi Psi was also referenced obliquely throughout the piece. Illustrations invoking the fraternity’s Greek letters ran with the article in print, and the fraternity is often referenced by characteristics or events particular to them.
The judge ruled the piece makes clear the horrific account described were not the work of rogue or aspiring members of the fraternity but were in fact “a fraternity event and happening.”
“We remain committed to seeking justice and accountability at trial for the harm the magazine, its reporter and its editors inflicted on the organization and its members,” said Thomas Albro, the fraternity’s attorney.
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