Brett Favre’s DEFAMATION Lawsuits Explained - Can He Actually Win?

Hall of Fame quarterback Brett Favre just filed 3 separate defamation lawsuits against Shannon Sharpe, the Hall of Fame tight end and co-host of Undisputed; Pat McAfee, a College Game Day commentator and host of The Pat McAfee Show; and Shad White, the Mississippi state auditor who has publicly accused Brett Favre of criminal conduct.

In this video, you’re going to learn everything you need to know about Brett Favre’s defamation lawsuits against Sharpe, McAfee, and White. We’ll look at highlights from the complaint that Favre filed against Shad White.

Brett Favre was an NFL quarterback who played for 20 seasons—most of which were spent with the Green Bay Packers.

Favre started 321 consecutive games and played through broken fingers and other injuries, earning his reputation as the NFL’s “ironman.”

In 1997, Favre led the Packers to a Super Bowl championship. He retired in 2010. In 2016, he was added to the Pro Football Hall of Fame.

In 2022, the Mississippi Department of Human Services filed a civil lawsuit against Brett Favre accusing him of accepting $1.1 million in state welfare funds for speaking engagements that he did not attend. Favre has not been criminally charged and he reportedly paid back the $1.1 million.

Favre has said that he was unaware that the funds had been misappropriated from state welfare funds when he received them.

Despite his efforts to clear his name, many in the media accepted the allegations against Favre as true and rushed to condemn him.

For example, on his television show, Undisputed, Shannon Sharpe called Favre a “sorry mofo to steal from the lowest of the low," and said that Favre "stole money from people that really needed that money."

Favre filed a separate defamation lawsuit against sports commentator Pat McAfee, host of the Pat McAfee Show. McAfee allegedly called Favre a "thief" who was "stealing from poor people in Mississippi" on his show and allegedly made similar remarks on Twitter. We'll look at McAfee's initial response to Favre's defamation lawsuit against him.

In Mississippi and other states, to establish a defamation claim, a plaintiff must prove all of the following are more likely true than not true:
1. Defendant said/wrote an allegedly defamatory statement, or similar words, to a third party.
2. Someone who heard or read the statements about Favre reasonably believed that the statements harmed Favre’s reputation.
3. The statements were false.
4. Favre’s reputation was harmed by the statements.
5. Defendant's saying/writing the statement was a substantial factor in causing Favre's harm.

Since Favre is a "public figure," he must also prove by "clear and convincing evidence" that:
6. Defendant acted with hatred or malice towards him by saying/writing the false statements in question.

In Mississippi, "clear and convincing evidence" means that the evidence is so strong that it leads you to a firm belief or conclusion, without hesitating, as to what the facts are and that the party's claims are true.

"Malice" means the Defendant intentionally did something wrong without having a valid reason or excuse.

Finally, we'll look at some of the potential defenses that Sharpe, McAfee, and White may use in response to the defamation claims against them.

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