WIN! NJ court rejects CAIR and co-defendants' motions to dismiss Lawfare Project defamation lawsuit on behalf of beloved Jewish teacher; suit to move forward
“The Lawfare Project applauds Judge Lindemann for correctly denying these motions and enabling the lawsuit to move forward” said Benjamin Ryberg, attorney and Chief Operating Officer of The Lawfare Project. “The harm that Ms. Herman has suffered as a result of these antisemitic and malicious lies is unimaginable, and we are honored to be helping her bring those responsible to justice. The ruling sends a clear message that lies have consequences — no matter how famous you are.”
The Lawfare Project is proud to announce a significant victory in its defamation lawsuit brought on behalf of Tamar Herman, a beloved Jewish teacher at Seth Boyden Elementary School in New Jersey.
On Monday, October 23, Judge Daniel Lindemann (Superior Court of New Jersey) denied all of the motions to dismiss the lawsuit, and one motion for summary judgment, which were filed by Defendants Ibtihaj Muhammad (an Olympic fencer and author), the Council on American-Islamic Relations (CAIR), CAIR-NJ (CAIR’s New Jersey Chapter), and CAIR-NJ’s Executive Director, Selaedin Maksut. LP also applauds the exceptional work of its partners at Bochner PLLC — attorneys Edward Andrew Paltzik and Erik Dykema, who are acting as lead counsel — in this crucial effort.
The lawsuit stems from a vicious and antisemitic smear campaign against Ms. Herman to falsely depict an innocent, seconds-long classroom interaction as an act of anti-Muslim bias. In October 2021, Ms. Herman’s reputation and life were destroyed when the Defendants — all public figures with loud voices — published statements on social media falsely accusing Ms. Herman of abusing and discriminating against one of her second-grade students. These damaging lies were broadcast to the Defendants’ hundreds of thousands of followers. As a direct result of their actions, Ms. Herman was wrongfully suspended from teaching, subjected to death threats, and forced to relocate to a different county due to fears for her physical safety.
Defendant and Olympic fencer Ibtihaj Muhammad's motions to dismiss Ms. Herman's lawsuit, and for summary judgment, were rejected by the Superior Court of New Jersey. (Patrick Smith / Getty Images)
“The Lawfare Project applauds Judge Lindemann for correctly denying these motions and enabling the lawsuit to move forward” said Benjamin Ryberg, attorney and Chief Operating Officer of The Lawfare Project. “The harm that Ms. Herman has suffered as a result of these antisemitic and malicious lies is unimaginable, and we are honored to be helping her bring those responsible to justice. The ruling sends a clear message that lies have consequences — no matter how famous you are.”
The lawsuit seeks justice for Ms. Herman by clearing her name in the public eye, holding her accusers to account for their reprehensible and injurious conduct, and sending a powerful message of deterrence against similarly destructive and antisemitic lies.
“It is morally wrong and against the law to tell lies about people that destroy their lives," said attorney Edward Andrew Paltzik of Bochner PLLC. “The New Jersey Superior Court reinforced these time-honored principles and correctly permitted Tamar Herman’s quest for justice to continue. No one, including celebrities and social media 'influencers,' is free to spread destructive falsehoods without consequences. We hope that this decision by the Court sends a message that people who engage in defamation, trolling, harassment, and other despicable behavior online will be held accountable. Most people would think twice or be ashamed to say such things in real life — they should be ashamed to say them online as well.”
Attorney Erik Dykema, also of Bochner PLLC, added: “We applaud this decision by the Superior Court of New Jersey, which allows Tamar Herman the right to proceed with her case, clear her name, and obtain justice. The United States is the greatest country in the world, and one of the reasons it is so great is because of the First Amendment to our Constitution, which enshrines the freedom to have and speak your opinion. But, as the Court held today, it is not an 'opinion' to tell lies about a beloved 2nd grade teacher, or to use the platform of social media to trick people into thinking that Ms. Herman has committed abusive or violent acts; or to whip up a mob to run her out of her own town with death threats.”