Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: Michael DeWitt: Why His Motion to Dismiss Could Be Denied – Legal Perspective
By James Seidel | CC News Network
HAMPTON COUNTY, S.C., — Gannett journalist and South Carolina Lowcountry journalist and author, Michael DeWitt filed a motion to dismiss the defamation claims brought by Buster Murdaugh asks the Hampton County Court of Common Pleas to do something South Carolina courts routinely decline to do: resolve disputed issues of meaning, implication, and context at the pleading stage.
Regardless of how the case against other defendants proceeds, the claims against DeWitt must be analyzed independently — and under settled South Carolina law, dismissal at this stage doesn’t appear warranted.
The Procedural Standard Is Controlling
A Rule 12(b)(6) motion tests only whether a complaint states a legally sufficient claim — not whether the plaintiff will ultimately prevail. The court must accept the complaint’s factual allegations as true and draw all reasonable inferences in favor of the plaintiff.
Dismissal is appropriate only if no set of facts could entitle the plaintiff to relief.
That standard matters here because defamation-by-implication claims turn on context, audience perception, and how statements interact with surrounding material — questions that are rarely suitable for resolution on a motion to dismiss.
DeWitt Is Alleged to Have Participated in Publication
The complaint alleges that DeWitt made statements that were published and republished in a broader media context addressing the deaths of Stephen Smith and the Murdaugh family saga. It further alleges that, when viewed in context, those statements contributed to a defamatory implication concerning Buster Murdaugh.
Under South Carolina law, a defendant need not be the original author of a defamatory implication to be held liable. Participation in publication or republication, if it contributes to the alleged harm, is sufficient to state a claim.
At this stage, the court is not asked to determine whether DeWitt intended harm, but whether the implication alleged by the plaintiff is plausible.
Opinion and Fair Report Are Not Grounds for Dismissal at This Stage
DeWitt’s motion relies heavily on defenses grounded in opinion, fair report privilege, and First Amendment protections. Those defenses may ultimately succeed — but they are affirmative defenses, not pleading defects.
South Carolina courts consistently hold that such defenses require:
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a complete factual record,
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examination of full context,
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and evaluation of how a reasonable reader or viewer would interpret the statements.
None of that can be resolved on the face of the pleadings.
Defamation by Implication Is a Fact-Intensive Claim
South Carolina recognizes defamation by implication when true statements are arranged or presented in a way that conveys a false and defamatory meaning.
Whether an implication exists, and whether it is reasonable, are typically questions for a jury — particularly where the alleged implication arises from context rather than explicit accusation.
Here, the plaintiff alleges that DeWitt’s statements, when combined with surrounding coverage and narrative framing, conveyed a defamatory implication. That allegation is sufficient to survive a motion to dismiss.
Hampton County Is the Proper Forum
The alleged harm occurred in South Carolina. The plaintiff resides in South Carolina. The reputational injury alleged is rooted in Hampton County.
The presence of constitutional defenses does not mandate removal to federal court. South Carolina courts are fully competent to adjudicate First Amendment defenses under state law.
Conclusion
Michael DeWitt’s motion asks the court to decide disputed questions of implication, meaning, and audience interpretation prematurely. South Carolina law does not permit that.
Because the complaint plausibly alleges participation in publication and a defamatory implication, the motion to dismiss should be denied, and the case should proceed to discovery.
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