In Gertz v. Robert Welch Inc 418 US 323(1974), Justice Powell, • t
in reference to Defamation/Libel claims of a private individual
concerning an issue of public concern, stated: "under the 1st
Amendment there is no such thing as a false idea... (it) requires
that we protect some falsehood in order to protect speech that
matters". Applying that principle, a majority of lower courts to
consider the issue have recognized that the privileges granted
by the First and Fourteenth Amendments; and Laws enacted by
Congress, immunizes citizens from Defamation liability and
requires the standard of proof to be that of "Actual Malice".
The Massachusetts Courts have split from that consensus causing
a crucial need to seek the guidance of the Supreme Court.
Accordingly, the questions presented are:

1. Whether this State Court judgment for Defamation/Libel
should be pre-empted by the recently enacted Acts of
Congress entitled: "The Protecting Young Victims from
Sexual Abuse and Safe Sport Authorization Act"; and "The
Empowering Olympic, Paralympic, and Amateur Athletes Act of
2020"? If so,

2. Whether the standard of proof in a State Defamation/Libel
case arising from a parental complaint to a National
Governing Body of Sport, should automatically and uniformly
be that of "Actual Malice"; whereas, to create a
controlling precedent; and privilege; to protect the
individuals who have the courage to report and advocate for
the safety and well-being of our Nation's child athletes?

Whether the standard of proof in a State Defamation/Libel case arising from a parental complaint to a National Governing Body of Sport, should automatically and uniformly be that of 'Actual Malice