Texas jury’s verdict just the start for Alex Jones
Infowars host could appeal, plus he faces other lawsuits
A jury in Austin, Texas, put a price on the defamatory behavior of Infowars founder and host Alex Jones: more than $49 million in damages awarded to the parents of Jesse Lewis, 6, who was among the 20 first graders and six educators killed in the shootings in 2012 at Sandy Hook Elementary School in Newtown, Connecticut.
The damages, delivered by the jury Friday, were less than the $150 million sought by parents Neil Heslin and Scarlett Lewis, who testified that the conspiracy theorist’s false claims that the school massacre was a hoax made their lives a “living hell” of death threats, online abuse and other trauma from Jones and his followers. Texas law could reduce the damages further.
Jones faces two other defamation trials involving Sandy Hook families that could lead to additional damages awarded by juries.
Jones’ attorneys could appeal the damages by arguing that evidence not meant for the case – two years of cellphone data – was presented to the jury. That argument probably wouldn’t convince a judge, John Browning, a trial lawyer and former Texas appellate justice, told Bloomberg Law.
“That (Federico Andino Reynal, the lead attorney for Jones) filed this emergency motion after the testimony, it reeked of desperation,” Browning said.
This year, Jones and his companies, including Infowars and Free Speech Systems, face two other lawsuits – one filed in Texas by the family of Noah Pozner, 6, who was killed at Sandy Hook, and another in Connecticut filed by eight families of victims. The Connecticut trial is to begin next month.
Mark Bankston, one of the plaintiffs’ attorneys, said the cellphone evidence suggests Jones may have committed perjury during the trial’s discovery period by being untruthful about his text messages.
Bankston said the House committee investigating the riot at the Capitol on Jan. 6, 2021, which deposed Jones in January 2022, requested the phone records. In a subpoena letter, Rep. Bennie Thompson, the Democratic chairman, charged that Jones helped organize a rally that preceded the riot and repeatedly promoted President Donald Trump’s false claims of election fraud.
Jones tried to depict himself and his operation as hurting financially. In late July, Jones’ main company, Free Speech Systems, the parent company of Infowars, filed for bankruptcy months after three of Jones’ other companies, including InfoW, formerly known as InfoWars, also filed for bankruptcy. Jones testified that any penalty over $2 million would “sink us.”
Bernard Pettingill, an economist hired by the plaintiffs, testified that Jones and Free Speech Systems are worth up to $270 million and that records show Jones withdrew $62 million in 2021. “He’s got money put in a bank account somewhere,” Pettingill said.
Scarlett Lewis said the jury held Jones accountable – and so did she.
Lewis recalled that when she took the stand and looked Jones in the eye, she thought of her son, who saved lives by yelling “run” when the killer paused in his rampage within Sandy Hook Elementary School. “I hope that I did that incredible courage justice when I was able to confront Alex Jones, who is also a bully,” she said. “I hope that inspires other people to do the same.”
Reynal, Jones’ lead attorney, told the judge he will appeal and ask for a reduction in the damages. After the hearing, he said the punitive amount could be reduced to $1.5 million, based on a Texas law capping punitive damages at $750,000 per plaintiff.
Bankston said he can challenge any attempt to reduce the damages. “We do not believe punitive damage caps are constitutional as applied to our case and will certainly litigate that issue if necessary,” Bankston told Bloomberg Law.
Despite the cap, Bankston said damages will total at least $4.5 million, accounting for emotional distress and reputational damage, along with punitive damages. He plans to argue against lowering damages in bankruptcy court and predicted that the other defamation trials would lead to additional damages.