Idaho Court Upholds $1.1M Libel Award to Drag Performer Eric Posey
Idaho Supreme Court affirmed a $1.1M libel verdict for drag performer Eric Posey.
Why it matters: The ruling reinforces protections against defamatory falsehoods on social media, especially for marginalized performers. It clarifies legal limits on free speech and defamation regarding public performances online.
- Idaho Supreme Court upheld $926,000 compensatory and $250,000 punitive damages to Eric Posey on September 22, 2026.
- Bushnell falsely claimed Posey flashed genitalia during a June 2022 drag show in Coeur d'Alene City Park without attending it.
- Bushnell edited and shared a video making false defamatory allegations against Posey to gain social media attention.
- The court rejected Bushnell's appeal contesting jury instructions and damage considerations, affirming the original verdict.
On September 22, 2026, the Idaho Supreme Court affirmed a $1.1 million libel award in the case of Posey v. Bushnell, upholding jury findings that defendant Summer Bushnell made false defamatory statements about drag performer Eric Posey.
In June 2022, Posey performed at a drag show attended by the public including children in Coeur d'Alene City Park. Bushnell did not attend the event but edited and uploaded a video with blurred areas, falsely alleging Posey had "flashed his genitalia" during the show. She then posted this edited video on social media, claiming Posey exposed himself and questioned why he was not arrested.
Posey sued for defamation, asserting Bushnell’s claims were untrue and spread to gain social media attention. The jury awarded $926,000 in compensatory damages to cover harm to Posey's reputation and $250,000 in punitive damages to punish malicious conduct.
Bushnell appealed, raising ten issues including errors in jury instructions and damage assessments. The Idaho Supreme Court dismissed these claims and upheld the verdict in full, emphasizing the serious harm caused by false statements made publicly about a performer.
This decision underscores how defamation law applies to online content and public performances, with significant ramifications for free speech limits and protections, particularly involving marginalized communities like drag performers.
Full details and court opinion are available on Justia.
By the numbers:
- $926,000 — compensatory damages awarded to Eric Posey
- $250,000 — punitive damages awarded for malicious defamation
- June 2022 — date of Posey's drag performance
- September 22, 2026 — date of Idaho Supreme Court decision