A judge has dismissed Limp Bizkit guitarist Wes Borland's call for the court to sanction his ex-wife Carré Callaway, which was filed based on a review of her latest album and an interview she gave to Bandcamp Daily.
In January, Borland alleged that his former spouse had violated the anti-defamation clause of their divorce agreement. He accused Callaway, who makes music as Queen Kwong, of trying to damage his reputation based on a reviewer's interpretation of her 2022 LP Couples Only published by FLOOD Magazine last year.
Mischa Pearlman's review suggested that one of the songs on the album details "the kind of purported 'gaslighting'" Callaway experienced at the hands of her ex. The analysis echoes the interview that Pearlman had conducted with the artist for another publication, where Callaway mentioned that Borland only gave her three days to vacate their former shared home and re-home their rescue cats.
Signed by both parties in 2020, the divorce agreement states that "neither party may make speeches, give interviews, or make public statements that defame the other party."
"The court does not find that [Callaway] made any defamatory statements regarding [Borland]," said Judge Helal A. Farhat of the Third Judicial Circuit, Family Division, in Wayne County, MI, in the ruling [via Rolling Stone].
Judge Farhat continued:
In the Bandcamp Daily article, [Callaway] expressed her opinions, frustrations, and the struggles of her divorce from [Borland]. Ms. Callaway did not specifically indicate that [Borland] was the cause of her being "broke and homeless." All other statements referenced in [Borland's] motion are either [Callaway's] reflection of her feelings or insinuations made by authors. Statement [sic] that simply do not rise to the level of being defamatory. As to the FLOOD Magazine article, same was imply an assessment of [Callaway's] music and the author's conclusionary statements based on the original Bandcamp article interview.
"I made a record that I'm very proud of," Callaway told Rolling Stone in a statement after the ruling. "It's painfully real and honest, and I think that was enough to cause Wes discomfort and displeasure. As a result, he attempted to weaponize my record's lyrics and press coverage against me in a frivolous legal action. This was an act of intimidation via a court system with the intent of disrupting my career and shutting me up. Which, unfortunately, is a common bullying tactic used by people in positions of power to evade accountability and intimidate women into silence."
She added, "Though it was an emotionally and financially exhaustive battle, I'm glad I chose to fight it. The judge made the right decision and freedom of speech and art prevailed. I'm relieved to be walking away with my voice and I hope this outcome will deter similar attacks against women and artists in the future."
In January, Borland alleged that his former spouse had violated the anti-defamation clause of their divorce agreement. He accused Callaway, who makes music as Queen Kwong, of trying to damage his reputation based on a reviewer's interpretation of her 2022 LP Couples Only published by FLOOD Magazine last year.
Mischa Pearlman's review suggested that one of the songs on the album details "the kind of purported 'gaslighting'" Callaway experienced at the hands of her ex. The analysis echoes the interview that Pearlman had conducted with the artist for another publication, where Callaway mentioned that Borland only gave her three days to vacate their former shared home and re-home their rescue cats.
Signed by both parties in 2020, the divorce agreement states that "neither party may make speeches, give interviews, or make public statements that defame the other party."
"The court does not find that [Callaway] made any defamatory statements regarding [Borland]," said Judge Helal A. Farhat of the Third Judicial Circuit, Family Division, in Wayne County, MI, in the ruling [via Rolling Stone].
Judge Farhat continued:
In the Bandcamp Daily article, [Callaway] expressed her opinions, frustrations, and the struggles of her divorce from [Borland]. Ms. Callaway did not specifically indicate that [Borland] was the cause of her being "broke and homeless." All other statements referenced in [Borland's] motion are either [Callaway's] reflection of her feelings or insinuations made by authors. Statement [sic] that simply do not rise to the level of being defamatory. As to the FLOOD Magazine article, same was imply an assessment of [Callaway's] music and the author's conclusionary statements based on the original Bandcamp article interview.
"I made a record that I'm very proud of," Callaway told Rolling Stone in a statement after the ruling. "It's painfully real and honest, and I think that was enough to cause Wes discomfort and displeasure. As a result, he attempted to weaponize my record's lyrics and press coverage against me in a frivolous legal action. This was an act of intimidation via a court system with the intent of disrupting my career and shutting me up. Which, unfortunately, is a common bullying tactic used by people in positions of power to evade accountability and intimidate women into silence."
She added, "Though it was an emotionally and financially exhaustive battle, I'm glad I chose to fight it. The judge made the right decision and freedom of speech and art prevailed. I'm relieved to be walking away with my voice and I hope this outcome will deter similar attacks against women and artists in the future."
