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No. 17-1542October Term 2018Decided Feb 19, 2019Updated Sep 3, 2026

Docket 17-1542October Term 2018 (2018–2019)

McKee v. Cosby

The Court declined review, leaving the First Circuit's result in place without deciding the legal question.

Case status

Decided · February 19, 2019

Read the opinion (PDF)
Current stage
Decided
Latest event
Decision released Feb 19, 2019
Case Accepted
Arguments
Decision ReleasedFeb 19, 2019
What it's about

Kathrine Mae McKee sued William H. Cosby, Jr. for defamation after publicly accusing him of sexual misconduct. The case asks whether a victim who speaks out publicly about their abuse becomes a limited-purpose public figure who must prove actual malice to win a defamation lawsuit.

Question presented

Whether a victim of sexual misconduct who makes a public statement about the incident is a “limited-purpose public figure” under New York Times Co. v. Sullivan, 376 U.S. 254 (1964), and its progeny, such that she must prove “actual malice” in order to maintain a defamation action against her accuser.

Case path

United States Court of Appeals for the First Circuit / Decision released Feb 19, 2019

Area

Decided Supreme Court case

Decision

Decision record

What the Court decided

The Court declined review, leaving the First Circuit's result in place without deciding the legal question.

Impact

The lower-court result remains in place. People who publicly discuss alleged sexual misconduct and later sue for defamation may face a higher burden in some cases.

Not official Court text.

Opinion documents

Briefing

What it's about

The Supreme Court declined to review McKee's defamation case against Cosby and did not decide the merits. The case concerned whether a person who publicly describes sexual misconduct becomes a limited-purpose public figure who must prove actual malice.

Impact

The lower-court result remains in place. People who publicly discuss alleged sexual misconduct and later sue for defamation may face a higher burden in some cases.

What's next

The Supreme Court has finished its action on this docket. The First Circuit's result remains in effect.

What did the Supreme Court do in McKee v. Cosby?

The Court declined to hear the case. It did not decide whether McKee was a limited-purpose public figure.

Who is affected by McKee v. Cosby?

People who publicly describe alleged sexual misconduct and later bring defamation claims may be affected by the lower court's approach.

What happens next in McKee v. Cosby?

The Supreme Court's docket action is finished. The First Circuit's result remains in place.

Timing

Decided February 19, 2019

The Court released its decision on February 19, 2019 without hearing oral argument.

Activity

Docket activity4
  • AI analysis generated: Case Briefing

    Sep 3, 2026 | Generated

  • Opinion added: Opinion

    Feb 19, 2019 | Court records

  • Brief added: Petition

    Apr 19, 2018 | Court records

  • Court Order added: Lower Court Orders/Opinions

    Mar 7, 2018 | Court records