The California Court of Appeal has affirmed a significant ruling against YouTuber Ethan Klein, known for the H3 Podcast, in a defamation case initiated by film producer Ryan Kavanaugh. The court determined that Klein and his production company were liable for disseminating harmful and false statements, including accusations of Kavanaugh operating a Ponzi scheme. This judgement underscores the complexities of online speech and its ramifications in legal settings.
In June 2019, Variety magazine published an article entitled Ryan Kavanaugh Accused by Ex-Partner of Running a Ponzi Scheme. Although this article contained inaccuracies and was subsequently removed, Klein leveraged it to target Kavanaugh with defamatory remarks. With the recent ruling from the California court, Klein faces the potential for damages resulting from his actions.
Following the favorable ruling for Kavanaugh, his attorney, Amy McCann Roller, remarked:
“This is an important case about the growth of online and professional trolling, which required a real analysis of when free speech is no longer a harmless opinion.”
The Complicated Relationship Between Ryan Kavanaugh and Ethan Klein
The conflict between Kavanaugh and Klein extends beyond this recent lawsuit. In 2021, during the broadcast of a fight between Jake Paul and MMA fighter Ben Askren—which was showcased on Triller, a platform owned by Kavanaugh—Klein was accused of appropriating over four million views from the original streaming service. This incident escalated hostilities, leading to multiple lawsuits exchanged between the two public figures.
In a confrontational response to the escalating legal disputes, Klein released a video called Ryan Kavanaugh Is A Big Fat Id*ot, during which he asserted victory in one of the lawsuits. However, in May 2022, Kavanaugh shared his perspective on the matter, describing Klein’s behavior as akin to “an angry child with a loaded gun.” In a blog post, Kavanaugh stated:
“What has happened to me could happen to any person or business if a disturbed individual who espouses racist, homophobic, and other offensive views musters a large, obedient social media following and attacks. Hopefully, this case will not only stop Klein but serve as a deterrent for others who use social media to harm those who do not deserve it and help set a precedent that this type of behavior cannot be tolerated.”
Klein and his wife, Hila, have previously mocked Kavanaugh during their podcast episodes, especially his tendency to file lawsuits against various entities. Recent court documents reveal that Klein misinformed his audience regarding the lawsuit’s outcomes, with judges not siding with him as he had claimed.
In addition to this ongoing saga, Klein is currently pursuing a separate defamation lawsuit against Noah Samsen and has called out fellow streamer Hasan “HasanAbi” for allegedly supporting creators like Samsen. The landscape of social media accountability continues to evolve, and the outcome of these legal battles could have lasting implications for online content creators.