Lawsuit: Fontaine V Infowars
Lawsuit: Fontaine V Infowars
Lawsuit: Fontaine V Infowars
Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-GN-18-001605
_____________ D-1-GN-18-001605
Selina Hamilton
ALEX JONES, INFOWARS, LLC, FREE SPEECH SYSTEMS, LLC, and KIT DANIELS, and
alleges as follows:
PARTIES
Commonwealth of Massachusetts.
radio and web-based news programing, including “The Alex Jones Show,” and he
1
owns and operates the website InfoWars.com. Mr. Jones can be served at 100
principal offices located in Austin, Texas. It may be served at the address of its
registered agent, Elizabeth M. Schurig, at 100 Congress Avenue, 22nd Floor, Austin,
TX 78701.
company with principal offices located in Austin, Texas. It may be served at the
address of its registered agent, Eric Taube, at 100 Congress Avenue, 18th Floor,
Austin, TX 78701.
times relevant to this suit, Mr. Daniels has been a reporter and writer for InfoWars.
Mr. Daniels can be served at his last known address, 3501 South First Street, Apt.
8. Venue is proper in Travis County, Texas, because a suit for damages for
defamation may be brought in the county in which a defendant resided at the time
of filing, or the domicile of any corporate defendant, at the election of the plaintiff.
2
FACTUAL BACKGROUND
9. InfoWars was created in 1999 by Alex Jones, who has controlled its
operations since its inception and up to the present day. Wikipedia describes
InfoWars as follows:
10. Mr. Jones’ recklessly opportunistic career is littered with the fallout
from his willful pattern of malicious defamation, most notably a series of high-
profile incidents over the past few years. Mr. Jones garnered significant attention for
his slander against the victims of the Sandy Hook massacre, claiming he has seen
“evidence” that could lead people to believe “that nobody died there.”2 Jones has
also claimed that the 9/11 attacks were “an inside job” involving the U.S.
government.3
11. Mr. Jones was also one of the purveyors of the “Pizzagate” story, which
is the allegation that elites in the Democratic Party oversaw a pedophile slave
1
See https://en.wikipedia.org/wiki/InfoWars, citing numerous published reports.
2
“Alex Jones Refuses to Apologize for Sandy Hook Conspiracy Theory.” Newsweek. June 19, 2017. Last
available at: http://www.newsweek.com/alex-jones-megyn-kelly-sandy-hook-infowars-627129
3
Id.
3
dungeon in the basement a Washington, D.C. pizzeria.4 Mr. Jones told his audience,
12. The following week, on December 4, 2016, an armed man fired shots
inside the pizzeria as part of a plan to uncover the conspiracy. 7 Multiple media
outlets confirmed that the perpetrator was a fan of InfoWars internet and radio
programing.8 Under threat of suit from the owner of the establishment, Mr. Jones
gave a statement on March 24, 2017 walking back his claims, stating: “To my
knowledge today, neither Mr. Alefantis nor his restaurant Comet Ping Pong were
involved in any human trafficking as was part of the theories about Pizzagate.”9
13. On December 15, 2016, the InfoWars website featured stories making
similar accusations against Austin restaurant chain East Side Pies, including
or patrons.10 These stories generated harassment towards the restaurant and an act
4
“Conspiracy theorist Alex Jones backs off ‘Pizzagate’ claims.” The Washington Post. March 24, 2017.
Last available at: https://www.washingtonpost.com/lifestyle/style/conspiracy-theorist-alex-jones-backs-
off-pizzagate-claims/2017/03/24
5
“Infowars Denies It Promoted ‘Pizzagate’ Conspiracy Theory After Deleting Content From Its
Website.” Media Matters. Last available at: https://www.mediamatters.org/blog/2017/02/24/infowars-
denies-it-promoted-pizzagate-conspiracy-theory-after-deleting-pizzagate-content-its-website/215465
6
Id.
7
“Conspiracy Theorist Alex Jones Apologizes For Promoting ‘Pizzagate’” National Public Radio. March
26, 2017. Last available at: https://www.npr.org/sections/thetwo-way/2017/03/26/521545788/conspiracy-
theorist-alex-jones-apologizes-for-promoting-pizzagate
8
Id.
9
Id.
10
“Alex Jones Apologizes.” The Austin Chronicle. March 31, 2017. Last available at:
https://www.austinchronicle.com/news/2017-03-31/alex-jones-apologizes/
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of vandalism on a delivery truck.11 Mr. Jones acknowledged his role in promoting
14. On April 11, 2017, InfoWars published stories claiming that Chobani,
filed a lawsuit against Jones, which Jones settled in Chobani’s favor. Mr. Jones wrote:
15. On August 15, 2017, in the wake of the Charlottesville “Unite the Right”
defamatory statements about Brennan Gilmore, the camera man who caught the
fatal attack on film. InfoWars, through its website and video content, alleged that Mr.
Gilmore was an agent of CIA and George Soros15 who assisted in conducting a staged
16. Mr. Jones also published reckless statements about the church shooting
in Sutherland Springs, Texas. On November 5, 2017, Mr. Jones first shared his theory
11
Id.
12
Id.
13
“Alex Jones settles Chobani lawsuit and retracts comments about refugees in Twin Falls.” The Los
Angeles Times. May 17, 2017. Last available at: http://www.latimes.com/nation/la-na-chobani-alex-jones-
20170517-story.html
14
Id.
15
George Soros is a venture capitalist and notable donor to left-wing causes and candidates. Mr. Soros is
frequently featured in conspiracy theories about “globalist” control of American politics. Though not even
in the top 10 of donors in American politics, Mr. Soros is seen in the InfoWars mythology as an insidious
puppet master behind all left-wing political action.
16
See Brennan M. Gilmore v. Alexander E. Jones, et al., in the United States District Court for the
Western District of Virginia, Charlottesville Division.
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that the event was “part of the Antifa revolution against Christians and
17. On November 27, 2017, InfoWars published false statements about the
mass shooting in Las Vegas, claiming that “Vegas is as phony as a three-dollar bill or
18. There was a time when Mr. Jones was a fringe character, little more
than a hyper-active carnival barker in the midway of early 2000s conspiracy theory
culture. But over the past few years, InfoWars slowly adopted the mantle of
“respectable” media outlet and somehow went mainstream. On May 22, 2017,
InfoWars’ Washington Bureau Chief was given White House press credentials.21
and “the tip of the spear in alternative media - circumventing the dying dinosaur
17
Alex Jones (@RealAlexJones). Twitter. (Nov. 5, 2017, 3:14 PM).
18
“Conspiracy Theorists Arrested Outside Site of 2017 Sutherland Springs Church Shooting.” The
Washington Times. March 6, 2018. Last available at:
https://www.washingtontimes.com/news/2018/mar/6/conspiracy-theorists-claimingsutherland-springs-s/
19
“Alex Jones: The Las Vegas Shooting Was as Phony as Obama’s Birth Certificate.” Media Matters.
November 27, 2017. Last available at: https://www.mediamatters.org/video/2017/11/27/alex-jones-las-
vegas-shooting-was-phony-obama-s-birthcertificate/
20
“I Hope Someone Truly Shoots You: Online Conspiracy Theorists Harass Vegas Victims.” The
Guardian. October 27, 2017. Last available at: https://www.theguardian.com/us-news/2017/oct/26/las-
vegas-shooting-conspiracytheories-social-media
21
“InfoWars granted temporary White House press credentials.” Business Insider. May 22, 2017. Last
available at: http://www.businessinsider.com/infowars-granted-white-house-press-credentials-2017-5
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media systems of information suppression.”22 The InfoWars brand now reaches an
astounding audience. The InfoWars website alone receives more than 30 million
page-views per month, to say nothing of its social media accounts and third-party
month.24
20. Mr. Jones feeds his audience a steady diet of false information intended
to convince them that a shadowy association of global elites are hatching countless
insidious schemes to destroy their way of life or threaten their bodily fluids.25 The
combination of lies and paranoia are designed to drive sales to InfoWars’ lucrative
online store, where Mr. Jones sells “Brain Force” pills, “Super Male” vitality formulas,
21. Mr. Jones’ media operation has also entered the firearms business,
promising his audience that “Registration Free Firearms Are A Reality” by selling
22
See https://twitter.com/infowars.
23
See https://www.quantcast.com/infowars.com.
24
See https://www.quantcast.com/msnbc.com.
25
Sadly, this is not an exaggeration. Mr. Jones rails against what he believes is an international
communist conspiracy to sap and impurify our bodily fluids, ranting in 2015: “What do you think tap
water is? It's a gay bomb, baby. And I'm not saying people didn't naturally have homosexual feelings. I'm
not even getting into it, quite frankly. I mean, give me a break. Do you think I'm like, oh, shocked by it,
so I'm up here bashing it because I don't like gay people? I don't like them putting chemicals in the water
that turn the frigging frogs gay! Do you understand that? I'm sick of being social engineered, it's not
funny!”
Last available at: https://www.youtube.com/watch?v=kpiUfb7adPE&feature=youtu.be&t=5m39s
26
See https://www.infowarsstore.com
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pieces of weaponry to be assembled by the purchaser.27 InfoWars states that the
ATF determined each InfoWars product “IS NOT A FIREARM in its present form.
This means we can ship it directly to you to be completed.” 28 For example, pictured
from the paranoia stoked by its reckless defamation. Defendants’ long history of
27
See https://www.infowarsstore.com/home-page-best-sellers/tennessee-arms-80-hybrid-receiver.html
28
Id.
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III. The February 14, 2018 Publication
identity of the individual who attacked Marjory Stoneman Douglas High School in
24. The InfoWars article was authored by reporter Kit Daniels, and it
underwent several revisions. The article was alternatively titled “Reported Florida
Instagram Profile.”
25. The article was featured on the front page on the InfoWars website on
February 14, 2018, the day of the Douglas High School shooting. The article, of
which every element was factually incorrect, was also featured on social media
Marcel Fontaine, and the articles conveyed the impression that the photograph
depicted the suspected Douglas High School shooter. The image as used in the
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27. Mr. Fontaine was not involved with the Douglas High School tragedy.
Mr. Fontaine resides in the Commonwealth of Massachusetts and has never traveled
articles were manifestly false and have caused him enormous injury and continuing
personal harassment.
28. It appears that Mr. Fontaine was targeted by InfoWars due to the t-
shirt he was wearing in his photograph. That novelty t-shirt, sold by online retailer
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communist historical figures in a state of merriment and intoxication, complete with
29. Mr. Jones and InfoWars have long been consumed with paranoia over
the prospect of communist infiltration and indoctrination. Over the past year alone,
InfoWars has featured hundreds of sensationalist articles and videos focusing on the
photograph, InfoWars told its audience that it showed the Florida shooter dressed
29
See https://www.threadless.com/product/383/the_communist_party
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31. The content of the February 14, 2018 InfoWars article was re-
conspiracy of communist democrats “are doing these things to push for gun control
InfoWars’ publication that it was being discussed by users on Chinese social media.
While it is difficult to estimate the total number of people who saw the false
Plaintiff’s image has been irreparably tainted. InfoWars’ story became a lie told
30
See, e.g., https://michaelsavage.com/?p=1206 ; http://www.libertyonenews.com/florida-hs-shooter-
allegedly/ ; http://thedeplorablearmy.com/reported-florida-shooter-dressed-communist-supported-isis/ ;
http://www.raptureready.com/2018/02/15/15-feb-2018/ ;
31
“NC Republican apologizes for ‘clumsy’ comment about ‘communist Democrats.’” The News &
Observer. February 18, 2018. Last available at: http://www.newsobserver.com/news/politics-
government/state-politics/article200807499.html
32
Id.
12
34. Further compounding the defamation is the fact the Mr. Jones, Mr.
Daniels, and other employees have used InfoWars’ various media platforms to cast
doubt on the facts surrounding the Florida shooting, just as InfoWars has done with
prior national tragedies. The day following the shooting, InfoWars published a video
of Mr. Jones stating that the Florida shooting was “a false flag of the deep state to
create resentment towards conservatives, gun owners, and sow the seeds of civil
war.”33
35. A “false flag” is common conspiracy theory lingo for a scenario in which
a government orchestrates an attack on its own citizens while making it appear that
the attack was actually carried out by an enemy nation or domestic terrorist, thus
giving the government a pretext for some desired action. After the Douglas High
33
See https://twitter.com/infowars/status/964220278002794496
13
School shooting in Florida, Mr. Jones told his audience that it was 90% likely the
Jones’ video content from its website following his claim that the shooting was a
“deep state false flag operation,” and that the survivors who have emerged as vocal
sources, the subsequent mainstream news reports showing Nikolas Cruz as the
34
“YouTube Pulls Alex Jones Video Saying Student Anti-Gun Activists Were Actors.” Fortune.
February 24, 2008. Last available at: http://fortune.com/2018/02/24/youtube-pulls-alex-jones-infowars-
video/
14
Florida shooter did not remove the threat to Marcel Fontaine. Some InfoWars
readers now believe that Mr. Fontaine is part of the supposed “false flag” operation.
reader, was confronted by other social media users over the fact that Plaintiff had no
posted what purports to be facial analysis between Plaintiff and suspect Nikolas
Cruz, while also alleging that the shape of Plaintiff’s nose had been altered,
39. In other words, Mr. Fontaine continues to suffer harassment and peril
even from individuals aware of his identify as a Massachusetts resident, but who
35
See https://twitter.com/huitz_warrior/status/966154367286984704
36
Id. A “crisis actor” is a term used by conspiracy theorists to describe individuals who they believe were
paid by the government or global elites to play some role in a fake disinformation event.
15
disbelieve the basic facts of the incident in favor a labyrinthine conspiracy that calls
into question the very nature of reality. These sorts of reckless lies are what caused
threats of violence even from those who acknowledge that Plaintiff was not involved
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41. Due to these events, it is no exaggeration to say that Plaintiff’s life
42. On February 26, 2018, Mr. Fontaine issued a demand for correction
pursuant to Sec. 73.055 of the Texas Civil Practice & Remedies Code. Defendants did
not respond.
43. Due to the reckless and malicious nature of Defendants’ conduct, Mr.
CAUSES OF ACTION
45. Mr. Fontaine is a private individual and is neither a public official nor a
public figure.
facts and in the main point, essence, or gist in the context in which they were made.
reputation and subject the Plaintiff to public contempt, disgrace, ridicule, or attack.
statements were knowingly false or made with reckless disregard for the truth or
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50. Defendants’ defamatory publications were not privileged.
reputation and image, and they have exposed Mr. Fontaine to public and private
54. In light of their prior experience with these kind of reckless statements,
Defendants knew that their publication would cause Plaintiff to suffer harassment
harm to Mr. Fontaine. Due to Defendants’ conduct, the Plaintiff has suffered and
57. Defendants knew or should have known that their publication of Mr.
Fontaine’s photograph connecting him with the Douglas High School shooting would
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cause him to be the subject of harassment, ridicule, and threats, thereby causing
59. In claiming Mr. Fontaine’s image as the Douglas High School shooter,
III. Conspiracy
defamation. Defendants had a meeting of the minds on the object or course of action
63. Defendants are jointly and severally liable for the injuries Mr. Fontaine
Petition, they did so as agents of InfoWars and within the scope of their authority
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66. InfoWars and Alex Jones are liable for the damages proximately caused
by the conduct of employees and agents, including Kit Daniels, pursuant to the
DAMAGES
67. Plaintiff has suffered general and special damages, including a severe
degree of mental stress and anguish which has disrupted his daily routine.
68. Plaintiff has also suffered damage to his reputation and image, both up
JURY DEMAND
74. Plaintiff demands a jury trial and tenders the appropriate fee with this
petition.
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REQUEST FOR DISCLOSURE
76. Take notice that pursuant to Rules 192 and 197 of the Texas Rules of
Civil Procedure, Plaintiff serves the attached interrogatories, Exhibits “B”, “D”, “F”,
and “I” to be propounded to Defendants. You are hereby instructed to answer the
Rule 197.2(d) of the Texas Rules of Civil Procedure and the provisions of Rule 14
77. You are further advised that, pursuant to Rule 193.5, the party
obtains information upon the basis of which (a) he knows that the answer was
incorrect when made, or (b) he knows the answer, though correct when made, is no
longer true and the circumstances are such that he failure to amend the answer is in
78. If any space left for your answer is insufficient, please attach a separate
sheet to complete such answer. The answers shall be served upon the undersigned
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PLAINTIFF’S REQUESTS FOR PRODUCTION TO DEFENDANTS
“C”, “E”, “G”, and “J” pursuant to Rule 196 of the Texas Rules of Civil Procedure, that
reproduce the items hereinafter designated on Exhibits “C”, “E”, “G”, and “J” attached
hereto. Within 50 days after service of these Requests for Production, you must
serve a written response to the undersigned attorney at 1010 Lamar, Suite 1600,
Houston, Texas 77002, including the items requested or stating with respect to each
requested. In the event a request is objected to, please specifically state (a) the legal
or factual basis for the objection, and (b) the extent to which you refuse to comply
with the request. Pursuant to Rule 193.2(b) of the Texas Rules of Civil Procedure, a
party must comply with as much of the request to which the party has made no
“H” and “K” under the provisions of Rules 192 and 198 of the Texas Rules of Civil
Procedure. You hereby are requested to admit the truth of the following matters for
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the purpose of this action only and subject to all proper objections to admissibility
which may be made at time of trial. Each of the matters to which an admission is
requested shall be deemed admitted unless the party to whom the request is
admission is requested or setting forth in detail the reasons why such cannot
81. Pursuant to Rule 215.4(b) of the Texas Rules of Civil Procedure, take
notice that should Defendant fail to admit the genuineness of any document or the
truth of any matter as requested under Rule 198 and which follows hereunder and
Plaintiff proves the genuineness of the document or the truth of the matter, Plaintiff
shall seek an order from the Court requiring the Defendant to pay reasonable
expenses incurred in making that proof, including but not limited to, reasonable
PRAYER
Court issue citation for each Defendant to appear and answer, and that Plaintiff be
awarded all the damages set forth above, and to grant whatever further relief to
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Respectfully submitted,
____________________________________
MARK D. BANKSTON
State Bar No. 24071066
KYLE W. FARRAR
State Bar No. 24034828
1010 Lamar, Suite 1600
Houston, Texas 77002
713.221.8300 Telephone
713.221.8301 Fax
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DEFINITIONS FOR USE IN RESPONDING
TO EXHIBITS “B” & “C”
As used herein, the words defined below shall be deemed to have the
following meanings:
3. “Deep state” and “false flag” appear to be terms of art used within the
mythology of InfoWars. Plaintiff will not attempt to precisely define these
inscrutable phrases, but assumes their meaning is understood by those at
InfoWars who use them.
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DEFINITIONS FOR USE IN RESPONDING
TO EXHIBITS “D” & “E”
As used herein, the words defined below shall be deemed to have the
following meanings:
2. “Deep state” and “false flag” appear to be terms of art used within the
mythology of InfoWars. Plaintiff will not attempt to define these increasingly
inscrutable phrases, but assumes their meaning is understood by those at
InfoWars who use them.
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DEFINITIONS FOR USE IN RESPONDING
TO EXHIBITS “F”, “G”, & “H”
As used herein, the words defined below shall be deemed to have the
following meanings:
3. “InfoWars, LLC” means the named defendant registered with the Texas
Secretary of State.
4. “Free Speech Systems, LLC” means the named defendant registered with the
Texas Secretary of State.
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DEFINITIONS FOR USE IN RESPONDING
TO EXHIBITS “I”, “J”, & “K”
As used herein, the words defined below shall be deemed to have the following
meanings:
3. “InfoWars, LLC” means the named defendant registered with the Texas
Secretary of State.
4. “Free Speech Systems, LLC” means the named defendant registered with the
Texas Secretary of State.
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