Appeals Court Rules Netflix Not Liable for Defamation in ‘The Program’
The 10th Circuit upheld dismissal of a defamation lawsuit against Netflix’s documentary ‘The Program.’
Why it matters: The ruling clarifies legal protections for documentary filmmakers under the First Amendment, limiting defamation liability for contentious biographical content. It signals robust shield for free speech in documentary filmmaking.
- On July 27, 2026, the U.S. Court of Appeals for the Tenth Circuit dismissed Narvin Lichfield’s defamation claims against Netflix and filmmaker Katherine Kubler.
- The lawsuit concerned the 2024 Netflix series ‘The Program: Cons, Cults and Kidnapping,’ which explored abuses in troubled teen programs linked to WWASP.
- The court ruled that statements suggesting wrongdoing were protected opinions under First Amendment and Utah law, not actionable as defamation.
- The court affirmed awarding attorneys’ fees and costs to Netflix and Kubler under anti-SLAPP laws, designed to protect free speech.
- The three-judge panel included Judges Richard Federico, Timothy Tymkovich, and Robert Bacharach.
On July 27, 2026, the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of defamation claims brought by Narvin Lichfield against Netflix and filmmaker Katherine Kubler. The case arose from the 2024 Netflix documentary The Program: Cons, Cults and Kidnapping, a three-episode series investigating alleged abuses in troubled teen residential programs, including those linked to the World Wide Association of Specialty Programs (WWASP).
Lichfield, who operated three youth facilities associated with WWASP, claimed the documentary defamed him by showing a newspaper headline about a teen's death alongside his image, and including statements suggesting that people at the top can "get away with murder."
The appellate panel, consisting of Judges Richard Federico, Timothy Tymkovich, and Robert Bacharach, ruled those statements were protected opinions under the First Amendment and Utah defamation law. Judge Federico wrote, "The primary question on appeal is...whether Lichfield has properly alleged that any of Kubler's statements are subject to defamatory meaning. Under Utah defamation law, Utah constitutional law, and the First Amendment, the answer is no, so the claims must be dismissed."
The court also upheld the lower court’s award of attorneys’ fees and costs to Kubler and Netflix under anti-SLAPP statutes. These laws are intended to deter meritless lawsuits that might chill free speech, underscoring the judiciary’s support for documentary freedom in covering controversial subjects.
This ruling reinforces legal safeguards for filmmakers and platforms producing investigative content on sensitive or contentious issues, confirming that protected opinion cannot form the basis for defamation liability.
By the numbers:
- July 27, 2026 — date of appellate decision
- 2024 — year Netflix released 'The Program' documentary
- 3 — episodes in the documentary series
- 3 — judges on Tenth Circuit appellate panel