Pastor Steve Smothermon v. The Hodge Twins

Keith and Kevin Hodge, aka the Hodgetwins, are famously known for their comedic commentary regarding politics, current events, fitness tips, and relationship advice across their several YouTube channels.   (Link to their youtube)

Plaintiff Pastor Steve Smothermon sued the Hodge Twins in federal court for defamation.  According to the Complaint, they  referred to a Steve Smotherman (the architect of Cracker Barrel’s DEI efforts and its rebranding) as “woke,” “antiAmerican,” and “anti-family values.”

However, they are accused of then posting a picture of Steve Smothermon and not Steve Smotherman.  

Can you spot the difference?  

Difficult, isn’t it?  

In a defamation case, there can be no liability without the requisite level of fault.  Since Smothermon (and probably Smotherman too) is a public figure, that level is “actual malice.”  What that means is that he will need to prove that the HodgeTwins published the wrong photo with knowledge that they did so, or a reckless disregard for the mistake. 

At this time, the case remains pending.  Key court documents will be provided, but commentary will be limited until orders begin to issue.