Tomorrow, the California Court of Appeal First Appellate District will hear oral arguments where Liberty Counsel will argue on behalf of Jews for Jesus for dismissal on anti-SLAPP grounds of a frivolous defamation lawsuit brought by an alleged Orthodox Jewish teacher. The arguments will take place at 9:30 a.m. PDT.

In Amitay v. Jews for Jesus, Ariel Amitay claims Jews for Jesus defamed him by posting on its Facebook page a royalty free stock photo even though the face is intentionally blurred and does not identify the person. Amitay says the photo associated him with their Christian outreach ministry when the caption made no such association.

Jews for Jesus argues the case should be dismissed and Amitay should be held liable for attorney’s fees and costs under California’s anti-SLAPP (strategic lawsuit against public participation) statute, where lawsuits cannot be used to intimidate or silence others from exercising their First Amendment rights, including religious outreach and expression. Jews for Jesus is appealing a lower court decision that partially sided with Amitay stating his claims had “minimal merit.”

Following the attacks on October 7, 2023, Jews for Jesus distributed Bibles to Israeli soldiers to provide comfort and support. On its Facebook page, Jews for Jesus used a stock photo of an Israeli soldier from a popular website that provides millions of stock photographs under a worldwide copyright license to download, modify, and use for free. Jews for Jesus blurred the face, never used Amitay’s name, and even used the pseudonymous name “Nachman” in the photo’s caption. Jews for Jesus had no prior knowledge of Amitay.

Amitay now says that person in the blurred photo was him, although he has presented no proof of where he saw the photo. Despite the blurred face and never being named, Amitay maintains that the photo created such a false impression of him that it caused his employer to terminate him from his “dream” teaching job.  

Liberty Counsel argues in its reply brief that holding Jews for Jesus liable for a religious community’s misunderstanding of the facts, and for its “overreaction” and “theological hostility” to a Christian ministry would be an improper remedy for a “regrettable” situation. 

Amitay filed the lawsuit on Christmas Eve 2024 seeking no less than $5 million in punitive damages. Liberty Counsel’s motion to dismiss also requests attorney’s fees and costs against the plaintiff.

Liberty Counsel Founder and Chairman Mat Staver said, “No reasonable interpretation of Jews for Jesus’ posts support a defamation claim because they have no assertions about Ariel Amitay and fail to convey any defamatory statement about him personally. The posts were a part of a larger religious expression about giving Bibles to Israeli soldiers that did not in any way portray or identify anyone in support of its religious views. Amitay cannot use the courts for a baseless defamation lawsuit to punish or suppress legitimate speech and religious expression. Jews for Jesus’ speech and religious expression is protected by the First Amendment. These baseless claims need to be dismissed, and Ariel Amitay needs to be held responsible for bringing this frivolous lawsuit.”