Legal Writings

Proving Racism: Gibson Bros. Inc. v. Oberlin College and the Implications on Defamation Law

Spring 2022 — University of Cincinnati Law Review

Note: This article was published the same day as the Ninth District published their decision, which did not follow the reasoning I recommended.

Within a day of the election of Donald Trump in 2016, a seemingly innocuous event occurred in the small college town of Oberlin, Ohio: an Oberlin College student visited a local business, Gibson’s, and attempted to use a fake ID to buy a bottle of wine, with two more bottles hidden under his shirt. The man at the counter, Allyn D. Gibson Jr., confronted the student, and although there are conflicting accounts of what happened next, the parties agree that Gibson Jr. chased the student out of the store, and the two of them engaged in a physical altercation. The police arrived and arrested the student, who is Black, and his two friends, also Oberlin students.

This incident is not the focus of this Casenote. Rather, this Casenote examines the constitutional, racial, and legally-complicated questions that arose from the protest and boycott that followed and the lawsuit filed by Gibson’s against Oberlin College. The lawsuit ultimately asks the question: is being called a “racist” actionable as a defamation claim? This Casenote argues that for purposes of defamation law, “racist” is not a verifiably false statement, and thus, should be considered constitutionally protected opinion speech.