The battle of Barstool versus Michael Rapaport continues. Rapaport sued Barstool Sports and on-air personalities Smitty, KFC and president Dave Portnoy claiming he’s still owed $375,000 that stems from a deal he made with the sports entertainment website for $600,000. 

According to court documents obtained by The Blast, Barstool Sports,along with on-air personalities Smitty, KFC and president Dave Portnoy, filed to have Rapaport’s defamation lawsuit thrown out.  

Via The Blast

Barstool argues the former employee failed to provide any evidence in his lawsuit they defamed him. They say while he alleged they made various “unflattering statements about Rapaport, including calling him an “old crusty herpe,” referred to Rapaport as having a “herpes infested mouth” and described Rapaport as a “herpe having, race baiting, D-list actor,” they argue Rapaport has not proven they did so with actual malice.

They point out, “For example, the phrases ‘fraudulent sack of shit,’ ‘old crusty herpe,’ and ‘lying fraud hack’ are generic insults which no reasonable reader would believe contain statements of fact.

The statements have no clear meaning that could be proved true or false. Barstool says even Rapaport’s complaint makes it clear that the references to herpes were an insult and mocking the actor.

The company say when put in context on the website and internet social media applications, it is clear the statements were opinion.

They state, “It is clear that no reasonable reader or listener would assume that Defendants were asserting facts concerning Rapaport’s medical condition.

The references to ‘herpes’ in the allegedly defamatory statements were all part of a larger pattern of insulting Rapaport – calling him a ‘creepy herpes riddled failure,’ or a ‘old crusty herpe,’ or a ‘herpe having, race baiting, D-List actor.’

No reasonable reader of any of these statements would conclude they were statements of fact.”They are demanding the claims for defamation be thrown out of court.

Of course no one can say for a fact if Rapaport actually has herpes. That’s for his doctors and sexual partners to know. 

But to say it, definitely makes people think he does. When your name is associated with something like herpes, that kind of rumor never goes away. 

Just ask Richard Gere about his gerbil. 

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