Judge refuses to throw out defamation suit against Cosby

BOSTON — A defamation lawsuit brought against Bill Cosby by three women who say he sexually abused them decades ago can move forward, a federal judge in Massachusetts ruled Friday, delivering a legal blow to the comedian as he attempts to defend himself against accusations of sexual assault by dozens of women.

The women claim in their lawsuit that Cosby's representatives damaged their reputations by denying their allegations in sometimes disparaging language. Cosby's lawyers had asked the judge to dismiss their suit, arguing that the remarks were personal opinions protected by the First Amendment and legal declarations made in his defense.

But in his ruling Friday, U.S. District Court Judge Mark Mastroianni rejected Cosby's bid to dismiss the case before it ever goes to a jury.

The women — Tamara Green, Therese Serignese and Linda Traitz — have accused Cosby of drugging them and then having unwanted sexual contact with them.

The comments they claim were defamatory range from statements dismissing their accusations as "ridiculous claims" and "absurd fabrication" to longer remarks that sought to discredit the accusers.

"As the old saying goes, 'consider the source," ended one statement that touched on Traitz's criminal and prison record.

In his ruling, Mastroianni rejects Cosby's argument that the statements were legal declarations made in self-defense.

"The court recognizes that some jurisdictions do apply a version of the conditional self-defense privilege, which allows individuals, in certain circumstances, to publish defamatory responsive statements necessary to defend their reputation. However ... such a privilege does not permit a defendant to knowingly publish false statements of fact," the judge wrote in his 38-page ruling.

Telephone messages left for four attorneys who represent Cosby in the Massachusetts lawsuit were not immediately returned. Cosby has a house in Shelburne Falls, in western Massachusetts.

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