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$1.1M Libel Award to Drag Performer Who Had Been Accused of Exposing Himself Upheld

Idaho Supreme Court finds false caselaw quotations, after jury found false factual assertions.

Eugene Volokh | 9.22.2026 5:29 PM

From Posey v. Bushnell, decided today by the Idaho Supreme Court, in an opinion by Chief Justice Richard Bevan (see also this a post from when the verdict was handed down):

In June 2022, Posey performed on stage at a drag show in Coeur d'Alene City Park. The performance was attended by members of the public, including children. Bushnell did not attend the live show, though she later obtained a video recording of Posey's performance. On social media, Bushnell posted a video of herself describing what she saw in the video, claiming that Posey had "flashed his genitalia" during the performance, and asking why Posey had not been arrested. Bushnell then uploaded an edited version of Posey's performance to social media, blurring out the area around his crotch and claiming that the blurred area covered Posey's "fully exposed genitals."

Posey sued Bushnell for defamation, alleging that Bushnell had lied about his performance for the sake of gaining attention on social media. The case went to........

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