Defamation Claim Against University-Owned Public Radio Station Dismissed on State Sovereign Immunity Grounds
The Missouri Court of Appeals dismissed a defamation claim against the University-owned public radio station KWMU, citing state sovereign immunity. The plaintiff, Eby, alleged that KWMU staff published defamatory statements about him after his termination as general manager. The court ruled that the University, as a state entity, is entitled to sovereign immunity, which protects it from such lawsuits unless specific conditions are met.
- ▪Eby alleged that KWMU staff published an article accusing him of upholding 'white supremacy.'
- ▪The court ruled that the University is a state entity entitled to sovereign immunity.
- ▪Eby's claims were dismissed as they were barred by sovereign immunity.
Opening excerpt (first ~120 words) tap to expand
Free Speech Defamation Claim Against University-Owned Public Radio Station Dismissed on State Sovereign Immunity Grounds "Eby alleged an anonymous group of KWMU's staffers published an article on Medium.com [in 2020] accusing him of upholding 'white supremacy at the station by remaining complacent with the status quo.'" Eugene Volokh | 5.26.2026 5:21 PM From Eby v. Bd. of Curators, decided today by the Missouri Court of Appeals (Chief Judge John P. Torbitzky, joined by Judges Angela Turner Quigless and Thomas C. Clark II); the opinion doesn't preclude a defamation lawsuit against the actual authors of the articles, though presumably they don't have much money to compensate the plaintiff even if he prevails: St. Louis Public Radio ("KWMU") is owned and operated by the University.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at Reason Magazine.
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