APMore On:rolling stoneBids due this week for Rolling corset style bra Stone saleRolling Stone to pay $1.65M to settle Virginia frats defamation suitObamas pathetic Blame Fox excuseUVA dean gets $3M in Rolling Stone defamation trialA defamation lawsuit against Rolling Stone magazine over the magazines debunked article about a University of Virginia gang rape was tossed out by a judge Tuesday.onl4rtptry2748641
US District Judge P. Kevin Castel in Manhattan said womens bikinis sale the lawsuit brought by three former fraternity members cited comments that were offered as speculation and hypothesis rather than fact.
He noted that none of the three members of suit underwear Phi Kappa Psi was identified by name or physically described in the November 2014 article that described in chilling detail a students account of being raped by seven men at the Phi Kappa Psi fraternity house in September 2012. The men — George Elias IV, Stephen Hadford and Ross Fowler — were members of the fraternity at the time but have since graduated.
Their defamation claims are directed toward a report about events that simply did not happen, Castel wrote.
An investigation by Charlottesville, Virginia, police found no evidence to back up the claims of the woman identified in the article as Jackie. Rolling Stone retracted the article and the magazines managing editor and the articles author both apologized.
Castel said claims that the article made it seem that rape was an initiation ritual had to be dismissed because interpreting comments in the article to mean all aspiring members were required to commit an act of rape stretches the language beyond its plausible meaning and surrounding context.
Viewed in the overall context of the article, the quotes cannot reasonably be construed to state or imply that the fraternity enforced a rape requirement as part of an initiation ritual or a pre-condition for membership, he said.
The Phi Kappa Psi members brought the lawsuit last year, claiming the article caused them humiliation and emotional distress.
Alan L. Frank, a lawyer for the men, said they will consider their options, including an appeal.
Lawyers for defendants Rolling Stone, Wenner Media LLC and Sabrina Ruben Erdely, author of the article, A Rape on Campus: A Brutal Assault and Struggle for Justice at UVA, did not immediately return messages seeking comment.