SPLC ‘hate group’ labeling of conservative groups gets legal scrutiny

A Georgia-based organization advocating for border security is poised to bring to light how the Southern Poverty Law Center (SPLC) classifies certain conservative groups as hate groups, after a federal judge rejected the SPLC’s motion to dismiss a defamation case lodged by the Dustin Inman Society, which was challenging its “hate group” label. The SPLC releases an annual “hate map,” which lists organizations deemed as “hate groups.” In 2021, the group monitored 733 organizations. Conservative groups, such as the Alliance Defending Freedom, Ruth Institute, and the Center for Immigration Studies, are among the groups listed as SPLC hate groups.

The SPLC argues that its designations are protected under the First Amendment as “non-actionable opinion.” The defense has been successful for the SPLC in the past, but US District Judge W. Keith Watkins rejected the SPLC’s motion to dismiss Dustin Inman Society and King’s case. The Society is named after 16-year-old Dustin Inman who was killed in an accident caused by an undocumented alien. The group claims that it advocates for the enforcement of US immigration laws and honors legal immigrants residing in the United States. It was labeled as an “anti-immigrant hate group” by the SPLC in 2018.

The SPLC’s “hate group” label threatens the organization’s advocacy efforts and ability to affect change, says D.A. King, the Dustin Inman Society founder and president. King, who represents the Society, says that he and his group are considered public figures for legal purposes, and therefore, must prove actual malice in their defamation claim. The threshold was established by the Supreme Court in New York Times v. Sullivan, which requires plaintiffs to demonstrate intent.

Having survived the motion to dismiss, King says he plans to request the court to initiate legal discovery to obtain internal communications from the SPLC to uncover evidence of actual malice. King is seeking compensatory damages, punitive damages, and an injunction requiring the SPLC to retract its label and issue a public apology. The SPLC has not commented on the case.