Can specious lawsuits be thrown out by a judge?
“Can specious lawsuits be thrown out by a judge?”
Yes. One possibility is that the ADL moves to dismiss the case on the basis of Milkovich v. Lorain Journal Co., 479 US 1 (1990). There, SCOTUS held that a statement of opinion is not defamatory unless it implies a false statement of fact. There’s no defamation action for a statement like “_____ is the worst president in history” whether the blank is filled in with Biden or Trump. Calling someone an anti-Semite is arguably in the same category. It’s not like saying “He painted swastikas on a synagogue.”
If the allegedly defamatory statement does concern a matter of fact, then, as others have pointed out, truth is a defense. ADL could move for summary judgment based on Farrakhan’s extensive record of public condemnation of Jews and Judaism.
In either of these scenarios, the judge could toss the case without letting Farrakhan ever get to a jury. I predict that that’s what will happen (unless Farrakhan, having gotten his headlines, withdraws his case first).