Why Jimmy Kimmel Faces Uphill Battle Against Aaron Rodgers

Jimmy Kimmel might struggle to successfully sue NFL player Aaron Rodgers over comments he made about the late night host.

The comedian issued a scathing response to Rodgers who had suggested Kimmel's name would appear on an anticipated list of Jeffrey Epstein's associates. Epstein died by suicide in 2020 while in custody awaiting trial on federal trafficking and conspiracy charges. He had been previously convicted for procuring sex with an underage girl.

Rodgers, while appearing on the Pat McAfee Show, incorrectly claimed Kimmel would be one of many people who "are hoping that [list] doesn't come out."

Released on Wednesday, the list comes from unsealed documents from a 2015 civil lawsuit against Ghislaine Maxwell, Epstein's girlfriend who is currently serving prison for helping the disgraced financier recruit and sexually abuse underage girls.

The now-settled lawsuit was brought against Maxwell by Virginia Giuffre, one of her and Epstein's victims. The court documents featured the names of 150 people who were connected to the pair either by flying on Epstein's private jet or visiting his private island in the Caribbean.

Kimmel's name did not appear on the list as declared in a post on X, formerly Twitter, where he angrily responded to Rodgers' comments.

"Dear Aa*****e: for the record, I've not met, flown with, visited, or had any contact whatsoever with Epstein, nor will you find my name on any 'list' other than the clearly-phony nonsense that soft-brained wackos like yourself can't seem to distinguish from reality," Kimmel posted.

"Your reckless words put my family in danger. Keep it up and we will debate the facts further in court.@AaronRodgers12."

Newsweek contacted Kimmel's and Rodgers' representatives by email for comment.

Two legal experts weighed in on what would happen if Kimmel did decide to pursue legal action over Rodgers' comments.

Vinnie Politan, Court TV anchor a former prosecutor, told Newsweek it would all depend if Rodgers could argue his comments were meant to be satirical.

"Satire is protected by the First Amendment. So if the comment was made in jest and no reasonable person would believe he was reporting an alleged fact there is no defamation," Politan explained.

"If it's alleged it wasn't satire, then because Kimmel is a public figure he'd have to prove that the statement was false, Rodgers knew it was false and Kimmel has actually been damaged. It's always difficult for public figures to win these cases. Johnny Depp was the big exception."

Depp successfully sued his ex-wife, Amber Heard, for defamation in 2022 for suggesting he had physically abused her in an op-ed she wrote for the Washington Post in 2018.

However, Frank Salzano, a managing partner at the sports law firm Salzano Ettinger Lampert & Wilson, said "the statements very likely could constitute defamation."

"Under New York (and other state laws) when a false statement is made regarding someone being wrongly accused of a crime, courts can consider that statement 'defamation per se'; which in simple terms means given the severe nature of the comments, Kimmel's damages are presumed and do not need to be proven," Salzano told Newsweek.

"However, given Kimmel is a public figure, he may need to show that Rodgers had some mal intent when making the statements. Whether this sees a courtroom or not, negative press like this could result in companies that Rodgers and Kimmel endorse to distance themselves until this blows over."