Introduction
In this bulletin we reproduce The Irish Rover’s editorial commemorating the end of the defamation lawsuit brought by Notre Dame professor Tamara Kay against the Rover on account of its reporting about her pro-abortion activities. As we have reported, the Rover has been resoundingly vindicated by the decisions of three Indiana courts, the trial court, an appellate court, and the Indiana Supreme Court.
But first we urge support of the Rover and offer some observations about the administration’s evident indifference to this extraordinary litigation.
Support the Rover
This defamation lawsuit by a Notre Dame professor exerted considerable pressure on the Rover students. A judgment for Kay would have put the Rover out of business and sullied the reputation, not only of the authors of the targeted articles—one of whom is now a seminarian and the other a Notre Dame law student—but of all the Rover students who stuck with them. Their refusal to retract was a notably courageous stand for truth.
We hope you agree and will show these students you do by subscribing to the Rover if you have not already done so. It is a fine independent publication that reports comprehensively on events and developments affecting the Catholic identity of the university. A pdf subscription costs merely $15 a year and a print subscription $36.
“Respectful Environment” Policy
Notre Dame staff and faculty members are expected to treat members of the University community with dignity and respect.
One may doubt that Professor Kay had this policy in mind when she charged the Rover with
malice, wanton and willful misconduct and a reckless disregard for the truth all with the intent to damage and negatively damage the plaintiff.
Now that the courts have decisively ruled these charges were baseless, a word from the administration to Professor Kay about the Respectful Environment policy would seem in order. And also for the first time a word of encouragement to the Rover students.
Instead, we have the University’s astonishing continued recommendation of Kay to media as a “Notre Dame Expert” on “abortion, women’s rights and ethics”—alone, we should mention, with one of the world’s leading experts in public bioethics and champion for the sanctity of life, Carter Snead.
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rejection of Kay’s affidavit
The trial court’s opinion evidences the magnitude of The Rover’s vindication and Kay’s humiliation. The court did not say to Kay, in effect. “Your story may be true, but you didn’t prove it.” Rather, it said “The Rover’s report is true and yours is not.”
Much of the evidence related to a large sign Kay posted on her office door the day the Indiana anti-abortion law became effective. The sign, which displayed a prominent letter “J,” read:
This is a SAFE SPACE to get help and information on ALL healthcare issues and access – confidentiality, and with care and compassion.
The Rover said this sign indicated Kay was willing to assist students in securing abortions, while Kay denied the sign had anything to do with abortion. In her affidavit, she swore the sign “pertained to student sexual assaults” and “did not pertain to abortion.” (Court of Appeals op. p. 17)
And she claimed the “J” was meant “to indicate she was an advocate for victims of sexual assault.” (Trial court op. p.7)
As to this dispute, the court entered detailed findings about Kay’s extensive promotion of abortion on and off campus and on social media, including, for example,
Around this same time [the Indiana antiabortion law took effect], Kay tweeted: Such a devastating day to be a woman in IN. But women faculty at Notre Dame are organizing. We are here (as private citizens, not representatives of ND) to help you access healthcare when you need it, & we are prepared in every way. Look for the “J. Spread the word to students!” (Op. p. 6)
The court’s conclusion
The court finds that the reference to “all healthcare issues and access” on Dr. Kay’s door refers to global healthcare issues, including access to abortion, including abortion pills, not just assistance for victims of sexual violence. (Op. p. 7)
And, the court continued, the “J” on Kay’s door
can most reasonably mean…to identify her as one who is “willing to help students access abortions,” including abortion pills, as well as assist victims of sexual abuse. (Op. p. 7)
Finally and sweepingly
The court finds that the October article reasonably accurately quoted and summarized Dr. Kay’s poster on her office door, her social media posts, and her public statements….” (Op. 11)
This repudiation of Kay’s testimony marks the decisiveness of the Rover’s victory. More, it invited the question whether the administration, in pursuit of its Ethical Conduct policy, should itself investigate whether Kay misrepresented crucial facts to the court.
The administration has evidently decided to let the matter go, perhaps so as not to roil faculty supporters of Kay. While one should ordinarily give the benefit of the doubt to the administration on decisions like this, one may at least raise an eyebrow when the context is a failed lawsuit by a Notre Dame professor against Notre Dame students about, as the court determined, her offer of assistance on campus to students in securing “access to abortion, including abortion pills.”
In sum, this widely publicized lawsuit by a pro-abortion professor against an organization of pro-life Notre Dame students has been an embarrassment to the University from its inception in Kay’s malign characterization of Notre Dame students to its flameout in the Indiana courts. That the administration made no attempt to mediate is puzzling. That it has said not a word of encouragement or praise to the Rover students is disappointing. That it has not so much as admonished Kay for her vilification of Notre Dame students is disturbing. And that it continues to hold out Kay as a “Notre Dame Expert” on abortion is simply bizarre.
Student newspaper wins final victory in Indiana Supreme Court
The years-long lawsuit Tamara Kay v. The Irish Rover concluded on June 18 when the Indiana Supreme Court denied Kay’s petition to transfer a decision made by the state Court of Appeals, which affirmed the St. Joseph Superior Court’s original dismissal of Kay’s claims of defamation.
The Rover reported twice on Kay’s pro-abortion activism. In October of 2022, the Rover wrote that Kay offered “abortion access to students,” citing multiple X (then Twitter) posts offering “help” with “issues w access or cost” and a sign on her office door advertising “help” for “ALL Healthcare issues and access.” The sign also displayed a large capital “J”—a symbol denoting Notre Dame professors willing to help students get access to abortions.
In a second article, published in March of 2023, the Rover reported on an address Kay delivered to College Democrats at a “Women @ ND” event, where she spoke about “her career and her research and how they’ve informed her activism around abortion rights post-Dobbs.”
Kay filed a lawsuit against the Rover in 2023, claiming defamation for the two articles. The Rover filed to dismiss the case according to Anti-SLAPP laws in Indiana.
The St. Joseph County, Indiana, Superior Court granted this dismissal in January of 2024, defending the Rover’s reporting as “true” and “not made with actual malice.” Kay was ordered to pay the newspaper’s attorney fees following the dismissal.
Kay then appealed the decision to the Indiana Court of Appeals, which unanimously affirmed the decision in February of 2025. The appellate decision stated: “The trial court properly dismissed Dr. Kay’s complaint under Indiana’s Anti-SLAPP statute. Here, we agree with the trial court that the undisputed facts established that The Irish Rover’s two articles were written in good faith and that the alleged defamatory statements were not false.”
Following this decision, Kay made a petition to transfer the case to the state Supreme Court. In a brief statement signed by Chief Justice of Indiana Loretta H. Rush, the court noted it had reviewed “all briefs filed in the Court of Appeals” and all materials “filed in connection with the request to transfer jurisdiction.” The Court ruled in a 4-1 decision to deny the petition to transfer.
With the final and definitive dismissal of this baseless case, the journalistic integrity of the Irish Rover, as well as the honorable mission of the paper, is upheld.
The editorial staff of the Irish Rover would like to extend their thanks to Jim Bopp, his legal team, and all who helped tirelessly to defend the paper’s journalistic standing.
In Notre Dame,
The Editorial Staff of the Irish Rover
Photo Credit: Matthew Rice via Wikimedia commons
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Oremus
O God of Truth and Love, You have called us into a loving and faithful relationship with You. Your Son identified Himself as the Way, the Truth, and the Life, and called us to follow Him wherever He goes.
In their care for and guardianship of the University and the students it serves, may the administrators of the University of Notre Dame always commit themselves to the pursuit and embrace of the Truth, which alone can set us free.
May the Holy Spirit lead them into all truth and recall them to it in times of peril. May they embrace the sorrow that comes from being different from, and rejected by, the world, so that they may rejoice always in the goodness of the Lord.
In the day of battle, may they joyfully take courage in Him who has already overcome the world.
We make our prayer through the intercession of Notre Dame, Our Mother, and in the Name of Jesus, Your Son, who lives and reigns with You, in the unity of the Holy Spirit, God, forever and ever. Amen.
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12 Responses
As a 1962 graduate of Marquette and a FORMER- 60 YEARS ADMIRER OF NOTRE DAME,- NOT NOW.
Happy Rover won
“Misconduct is defined as any activity by a
University employee that violates a law, regulation, grant requirement, or University policy.”
J.M.J.
First and foremost, a Catholic University Policy, must be grounded in Divine Law, Through, With, And In Christ, In The Unity Of The Holy Ghost, The Spirit Of Perfect Divine Eternal Love Between The Father And His Only Begotten Son, Jesus The Christ, Who Proceeds From Both The Father And His Only Begotten Son, Jesus The Christ, In The Ordered Communion Of Perfect Complementary Divine Eternal Love, The Most Holy Blessed Trinity. How then any Faithful Catholic who desires to remain in communion with Christ and His One, Holy, Catholic, And Apostolic Church, In The Unity Of The Holy Ghost, The Spirit Of Perfect Divine Eternal Love Between The Father And His Only Begotten Son, Jesus The Christ, Who Proceeds From Both The Father And His Only Begotten Son, Jesus The Christ, deny the Sanctity and Dignity of the marital act within The Sacrament Of Holy Matrimony and thus The Sanctity and Dignity of every beloved son and daughter from the moment of conception to natural death, without ipso facto defecting from Christ and His Church?
“You cannot be My Disciples if you do not Abide In My Word.” – The Charitable Anathema Of Jesus The Christ.
Only by Loving Christ and abiding in His Word, The Divine Law Of Love, can we Love one another as Christ Loves us.
Thus we can know through both Faith and reason, that the Dogma that was changed by the false spirit of Vatican II, was the erroneous belief that The Charitable Anathema Instituted By Christ Himself was an obstacle and a form of coercion, when in fact, it is necessary if one desires to answer God’s Universal Call To Holiness and thus God’s Call To Be Temples Of The Holy Ghost.
At the heart of Liberty Is Christ, “4For it is impossible for those who were once illuminated, have tasted also the heavenly gift and were made partakers of the Holy Ghost, 5Have moreover tasted the good word of God and the powers of the world to come…”, to not believe that Christ’s Sacrifice On The Cross will lead us to Salvation, but we must desire forgiveness for our sins, and accept Salvational Love, God’s Gift Of Grace And Mercy; believe in The Power And The Glory Of Salvation Love, and rejoice in the fact that No Greater Love Is There Than This, To Desire Salvation For One’s Beloved.
“Hail The Cross, Our Only Hope.”
“Blessed are they who are Called to The Marriage Supper Of The Lamb.”
“For where your treasure is there will your heart be also.”
My apology, that should read:
“Misconduct is defined as any activity by a
University employee that violates a law, regulation, grant requirement, or University policy.”
J.M.J.
First and foremost, a Catholic University Policy, must be grounded in Divine Law, Through, With, And In Christ, In The Unity Of The Holy Ghost, The Spirit Of Perfect Divine Eternal Love Between The Father And His Only Begotten Son, Jesus The Christ, Who Proceeds From Both The Father And His Only Begotten Son, Jesus The Christ, In The Ordered Communion Of Perfect Complementary Divine Eternal Love, The Most Holy Blessed Trinity. How then CAN any Faithful Catholic who desires to remain in communion with Christ and His One, Holy, Catholic, And Apostolic Church, In The Unity Of The Holy Ghost, The Spirit Of Perfect Divine Eternal Love Between The Father And His Only Begotten Son, Jesus The Christ, Who Proceeds From Both The Father And His Only Begotten Son, Jesus The Christ, deny the Sanctity and Dignity of the marital act within The Sacrament Of Holy Matrimony and thus The Sanctity and Dignity of every beloved son and daughter from the moment of conception to natural death, without ipso facto defecting from Christ and His Church?
“You cannot be My Disciples if you do not Abide In My Word.” – The Charitable Anathema Of Jesus The Christ.
Only by Loving Christ and abiding in His Word, The Divine Law Of Love, can we Love one another as Christ Loves us.
Thus we can know through both Faith and reason, that the Dogma that was changed by the false spirit of Vatican II, was the erroneous belief that The Charitable Anathema Instituted By Christ Himself was an obstacle and a form of coercion, when in fact, it is necessary if one desires to answer God’s Universal Call To Holiness and thus God’s Call To Be Temples Of The Holy Ghost.
At the heart of Liberty Is Christ, “4For it is impossible for those who were once illuminated, have tasted also the heavenly gift and were made partakers of the Holy Ghost, 5Have moreover tasted the good word of God and the powers of the world to come…”, to not believe that Christ’s Sacrifice On The Cross will lead us to Salvation, but we must desire forgiveness for our sins, and accept Salvational Love, God’s Gift Of Grace And Mercy; believe in The Power And The Glory Of Salvation Love, and rejoice in the fact that No Greater Love Is There Than This, To Desire Salvation For One’s Beloved.
“Hail The Cross, Our Only Hope.”
“Blessed are they who are Called to The Marriage Supper Of The Lamb.”
“For where your treasure is there will your heart be also.”
P.S.
https://pmc.ncbi.nlm.nih.gov/articles/PMC11988824/
Some exciting research regarding Niemann-Pick Type C
Pray for a cure for this disease and for the success of The Ara Parseghian Medical Research Fund at Notre Dame✝️
Great news for the Rover! The Notre Dame administration should be ashamed of itself that it continues to employ a woman who is harassing students who she may at some point teach. Talk about conflict of interest….Additionally, many universities (although I have no idea if Notre Dame is one of them) require prospective faculty to sign diversity statements. Wouldn’t a university such as Notre Dame be better served to require its faculty to sign statements agreeing to respect the Catholic values of the University and not harass students who uphold those values, even if those faculty members personally disagree with those values?
It does not make sense that the administration publicly announce their would not support the students and reprimand Ms. Kay . Shame on them.NDU needs a Catholic approving administration!!
Here’s the link I meant to include in my above comment: https://www.tamarakay.org/
When you go to the link, click on the “Blog” tab to see her announcement of accepting a job at Pitt. No details on if/when she might leave South Bend, but maybe she is gone already?
Here’s the linj I meant to include in my above comment: https://www.tamarakay.org/
You’ll get contrary results when doing a Googke search, but I think this link is her announcement that she’s moving to Pitt, where she clearly thinks that the “anti-bullying” policy they have there would have protected her against an Irish Rover equivalent group of journalists.
When I see this tone I am immediately reminded of the phrase in our weekly prayer to St. Michael the Archangel: “…and all the evil spirits who prowl about the world seeking the ruin of souls.”
Others may consider my views over-the-top, and otherwise rise to her defense in the name of “academic freedom” (and even quote Hesburgh when doing so). To that I can only respond that it is beyond clear now that so-called “academic freedom” has become the new baal worship at Catholic Universities. There’s that, plus the fact that Catholic definitions of true freedom begin and end with the concept of obedience to God and his commandments, especially the commandment to worship no other gods or idols.
Does anyone see a parallel to McAdams v. Marquette, decided by the Wisconsin Supreme Court?
In that case, we have a pro-gay-marriage graduate student who would not permit debate of the issue in a course they were teaching, and a conservative faculty member who publicized the actions of the student. Marquette claimed that its response was based on the fact that a professor should not be calling out a student, and that the university would have to defend the student. Well, here the shoe is on the other foot, and the faculty member is not just exposing, but filing charges against, the students. And not only does the university not side with the students, but it defers to the faculty member. Of course they are two different universities, but I detect weasel words here. Two Catholic universities rush to the side of those who directly contravene church teaching, regardless of whether it is students challenging faculty or faculty challenging students. Fortunately justice prevails, but not before appeals all the way up to the state Supreme Court.
I don’t think she is still at ND. Good riddance and possibly a sign Fr. Bob is turning ND around?
Good riddance indeed and let’s hope/pray but as noted above, the eerie silence from the admin would seem to suggest otherwise.