Shane Keisel's attorney said his client lost his job, received death threats and was subjected to online abuse by a"cancel mob" following the confrontation with Westbrook at the game between the Jazz and Thunder. But it is comments Keisel made — and the reaction to it — that are at the heart of the lawsuit.
A lower court judge threw out the lawsuit. On Tuesday, the Utah Court of Appeals heard arguments about whether to revive it. The three-judge panel focused on whether the remarks are subject to interpretation and are protected under the First Amendment. The judges peppered Keisel's lawyer with questions about whether Westbrook and Miller's remarks were simply opinion, which can be protected speech.
Jeff Hunt, an attorney for the Utah Jazz, argued that it was opinion and there was a lot of case law protecting that in public discourse.