I always get a brief kick out of wienies who’ve done something wrong crying “Defamation!” when we point out the facts of their wrongdoing.
Peyton Mandel, one of the six Mitchell baseball players convicted in relation to an ugly hazing/rape of a teammate in 2023, filed a defamation case against the American Legion for writing of Mandel and his fellow felons, “All of these individuals are guilty of accessory to a felony, acknowledging by affirmation of their guilty pleas, that the felonies they were charged with, rape and aiding and abetting, did take place.” Mandel also sued the corporate owners of KELO-TV and the Mitchell Republic for publishing that true sentence.
But it isn’t defamation if it’s true, said Circuit Judge David Knoff Friday in his summary dismissal of this specious case against the media:
Circuit Judge David Knoff heard the defamation case in May and took it under advisement. The court published its decision Friday, which granted summary judgment to the defendants, which ends the case instead of taking it to trial.
“The statement made by Van Delist and published by the Media Defendants were substantially true. Mandel (sic) pled guilty to being an accessory to a felony. He never used the word ‘rape’, but the actual act is undisputed and was acquiesced to by his silence at sentencing,” the judge wrote in Friday’s ruling.
…Truth is considered an “absolute defense” in defamation cases, which means that if a statement is undeniably true, then it cannot legally be considered defamation. The court’s ruling said that prior court cases involving Mandel and the other players established the “factual basis” for this case, and the statement made in Van Delist’s letter was true.
“Mandel (sic) relies on a vague admission and the argument that he technically did not admit in court to an accessory to rape or aiding and abetting rape. The Letter is at a minimum substantially true,” the ruling said. “While our Constitution doesn’t explicitly address minor inaccuracies in publications, South Dakota courts have recognized that minor errors don’t necessarily defeat a truth defense when the real substance of the publication remains accurate” [Molly Wetsch, “Mitchell Baseball Libel Lawsuit Against American Legion, Media Dismissed,” South Dakota News Watch, 2026.08.10].
The hometown paper that Mandel attacked is relieved:
“It’s always a good feeling when journalism and investigative reporting wins,” said Editor Luke Hagen, who was also named in the lawsuit. “This shows our community that our newspaper cares about the truth and isn’t afraid of telling it, no matter who is involved or what the story is about” [Patrick Lalley, “Judge Dismisses Libel Case vs. Mitchell Republican for Publishing Legion Baseball Demands,” Mitchell Republic, 2026.08.07].
Judge Knoff’s dismissal only applies to the media defendants, not to the American Legion, but the truth defense gives organizations and individuals the same absolute protection that journalists enjoy.
The lessons here:
- Don’t shout defamation at people telling the truth.
- Don’t haze or rape your teammates or anyone else.
- Don’t stand there watching someone being raped without speaking up, calling the cops, or somehow else stopping the crime and helping the victim.
- Don’t engage in a felony and expect to avoid consequences.