GO, IRISH Rover!
On Monday, the Notre Dame student publication The Irish Rover was vindicated, and Notre Dame professor Tamara Kay was routed when Indiana Supreme Court Senior Judge Steven H. David categorically rejected each and every allegation by Kay of defamation by the Rover in its reports on Kay’s pervasive pro-abortion actions.
Judge Rejects Professor's Allegations
On Monday the Notre Dame student publication The Irish Rover was vindicated, and Notre Dame professor Tamara Kay routed when Indiana Supreme Court Senior Judge Steven H. David categorically rejected each and every allegation by Kay of defamation by the Rover in its articles on her extensive pro-abortion activities.
The judge declared:
- Professor Kay “cannot make multiple strong statements in favor of abortion rights and abortion access to abortion” – statements “which have a bearing on the mission and identity of the most prominent Catholic university in the nation” – “and expect that it will not become newsworthy at Notre Dame and elsewhere.”
- The Rover articles were written to “bring public attention” to the fact “that a well-known, tenured professor at Notre Dame wrote about abortion rights and access in very public forums in direct contrast to Notre Dame’s stated position on the public issue of abortion.”
The Court ruled with respect to all issues:
[T]he undisputed facts demonstrate that all of the allegedly defamatory statements were true, not made with actual malice, and did not contain a defamatory inference, and that there is no evidence that any alleged harm to Dr. Kay was linked to or caused by the Articles.
And, importantly, with respect to the Rover’s report about Professor Kay’s overtures to students:
The Court finds there is a reasonable basis in fact for describing Dr. Kay as “willing to help students access abortion,” as providing “abortion assistance,” or “offers abortion access to students,” and as “posting offers to procure abortion pills on her office door,” and other substantially similar statements.
This is an unqualified triumph for The Rover as an institution, for the student authors of the two articles that Kay assailed, Rover Editor-in-Chief Emeritus Joe DeReuil (’24) and Campus Editor Luke Thompson (‘24}, and for current Editor-in-Chief Nico Schmitz (’24) and all the Rover faculty advisors and staff who stood fast against Kay’s assault on the integrity of their publication. The students justly take satisfaction in the outcome. See its account of the decision on The Rover’s website.
There are several additional aspects of the opinion worth noting:
First, the court summarily brushed aside Professor Kay’s effort to implicate Sycamore Trust and some faculty members.
Second, the court made short work of Kay’s novel, shall we say, assertion that she did not have in mind abortion, when, the day the Indiana law restricting abortion took effect, she posted a notice on her office door offering students “help and information on ALL health issues and access.”
Rather, she told the court, “[T]he note referred to Notre Dame’s policies for student sexual assault survivors” and “the ‘J’ [on the notice] stood for ‘Jane Doe,’ which is how victims of sexual assault are typically referred to.” (Kay’s Response in Opposition to Motion to Dismiss, pp. 9-10)
Judge David would have none of it. Citing the extensive evidence to the contrary, he concluded that “Dr. Kay’s references to “healthcare” at issue here specifically includes abortion services and access to the same” (Order, 33), and that the “J” on Kay’s door can most reasonably “identify her as one who is ‘willing to help students access abortions,’ including abortion pills, as well as assist victims of sexual violence.” (Order, 42)
Finally, it is worth noting that The Irish Rover’s successful motion to dismiss was filed under Indiana’s so-called Anti-SLAAP statute, which was adopted “to address and reduce abusive SLAPP litigation,” i.e., “ ‘strategic lawsuits against public participation’ intended to silence or suppress free speech.”
Conclusion
This judicial assault by Notre Dame Professor Tamara Kay on Notre Dame students for “malice, wanton and willful misconduct and a reckless disregard for the truth all with the intent to damage” Kay has been a truly dismal episode. The students cannot be compensated for the anguish they have suffered, but Messrs. DeReuil and Thompson can take pride in their reporting and they and their Irish Rover associates for refusing to buckle under intense pressure, and that is no mean thing.
Let us pray that Professor Kay will now abide the result, and may all refrain from any uncivil comments to or about Professor Kay that might further inflame the discord this unhappy episode has caused.
Go, Irish Rover!
Let us know what you think in the comment section below.
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Oremus
Let no one deceive himself. If any one among you thinks that he is wise in this age, let him become a fool that he may become wise. For the wisdom of this world is folly with God. (1 Cor 3:18-19)
O God our Father, Eternal Wisdom and Love, You have created us in Your own image and likeness, and called us to live in humble obedience to You and according to the order which You have established to govern the universe. You sent Your Son, Wisdom Incarnate, to save us from sin and to reconcile us to You and to one another. He established the Church to be a saving witness of Wisdom and Love, Goodness and Truth to a rebellious world. We implore You to dispel the darkness that surrounds us. May all who have rejected the truths of creation, seeking to replace Your design for the human race with one of their own, be awakened to the destructive folly which passes for wisdom in this age. Enlighten us all by the Truth which sets us free and grant that we may courageously embrace the scorn and contempt of the wise of the world so that we may joyfully share in the Wisdom of God. Through the intercession of Notre Dame, our Mother, we make our prayer 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.
The above prayer is by Sycamore Trustee Father John Raphael (’89). To join us in regular prayer projects such as our Novena for Catholic Education and our Meditation on the 12-Days of Christmas, please join our Apostolate.
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J.M.J.
How can one be supporting The Catholic Mission of any Catholic Institution while denying that same Catholic Mission simultaneously?
One cannot, due to The Law Of Noncontradiction.
“What is the nature and role of the
contemporary Catholic University?”
To remain in communion with Christ and His One, Holy, Catholic, And Apostolic Church, Through The Unity Of The Holy Ghost, and thus affirm Sacred Tradition, Sacred Scripture, and The Teaching Of The Magisterium, Grounded In Sacred Tradition And Sacred Scripture, The Deposit Of Faith Christ Has Entrusted To His Church For The Salvation Of Souls.
Thus we can know through both Faith and reason that, an “autonomous Catholic”is an oxymoron.
“Our Blessed Mother Mary, is the model of Ecclesial Communion, in Faith, Hope, And Charity, In Union With Christ.”
“Behold Your Mother!” – Christ On The Cross
In Notre Dame,
With thanks and gratitude to The Irish Rover, Sycamore Trust, and Faithful Catholics everywhere.
Abuse of students by professors or staff, in the classroom, on the field of play, or in a courthouse must be the subject of disciplinary actions.
It was bad enough that this professor posted the note on her door. Then, when students wrote about this public note, and told the truth about it, rather than simply enduring the publicity, she filed a lawsuit against them. This was hardly an example of ensuring “safe space” for students.
Congratulations to the Students! Well done.
This sounds like the breathless claims of a snowflake professor who, far from encouraging robust debate, did her best to stifle it simply because it outed her as a pro-abortion advocate – not the type of scholar ND should have on their payroll.
I believe a university located in Cambridge, Massachusetts (the name “Harvard” comes to mind) has an opening for the office of president. Dr. Kay should apply. It would be a much better fit.
While not a lawyer nor playing one on TV, someone bringing forth a meritless lawsuit should be subject to a countersuit. The plaintiff lawyer bringing such a case should be sanctioned.
Karma…never passes on such an easy opportunity.
“Professor” Kay, if she had a scintilla of spine and self respect, would leave Notre Dame and find another line of work where her presence might be viewed as an asset, not a liability. She obviously is not a fit for Notre Dame.