SALT LAKE CITY — The state's top court is considering whether to allow a defamation lawsuit to move forward over the movie "Sound of Freedom" and its portrayal of a villain in the movie.
On Wednesday, the Utah Supreme Court heard an appeal by Angel Studios, the filmmakers who created "Sound of Freedom" and Operation Underground Railroad founder Tim Ballard. They are being sued by Kely Suarez, who alleges the central villain character in the movie has defamed her and ruined her reputation.
Cherise Bacalski, Suarez's attorney, said the character of "Katy Giselle" in the film is "a kingpin sex trafficker."
"And she never was," Bacalksi said of her client.
Before the Utah Supreme Court, Bacalski argued Suarez was a college student who was caught up in a raid that Ballard was involved with in Colombia.
A lower court allowed Suarez's lawsuit to move toward trial. The studio and Ballard have appealed, arguing they are protected under a Utah law designed to safeguard speech and that the film is a docudrama that is "based on a true story." The justices grilled lawyers for all sides about the level of involvement each party had and whether promotion of the film crossed any lines.
"Here it’s alleged the movie itself was defamatory and Angel Studios is the one who is putting out the movie," Justice Paige Petersen said during Wednesday's hearing.
Robert Gutierrez, an attorney for Angel Studios, insisted to the court that while the film may be based on Ballard's experiences, there were disclaimers in the film.
"The Katy Giselle character was, in fact, a composite character in order to make it a subject matter the viewing public could actually watch," he argued. "And fulfill the writer’s mission about the ugly truth of child trafficking."
The justices questioned where the line is in a "docudrama" or when things are "based on a true story."
"So under your definition is this a movie of and concerning Mr. Ballard? Or is that they happen to use the same name?" asked Justice John Nielsen.
Gutierrez replied it was a story "inspired by Tim Ballard." Later in arguments, he noted that Suarez had actually been convicted of criminal charges in Colombia. That was something Bacalski said was not properly before the court and she argued against the veracity of it.
"We also believe the conviction is unreliable, coming from Colombia and really under suspicious circumstances," she told FOX 13 News outside of court. "That conviction would not likely stand because of the constitutional protections we enjoy in the United States of America."
Ballard's attorney, Mark Eisenhut, argued that his client was not involved in the movie-making itself. Ballard was consulted as the film was being created.
"I do not believe there’s any evidence of him producing, writing, directing, anything of that nature," Eisenhut argued.
The justices took the case under advisement with no timeline for a ruling. The movie, which starred Jim Caviezel as Ballard, went on to become a box office success in 2023.
"She’s very hopeful our justice system will do her justice," Bacalski said of Suarez outside court.
Ballard faced a number of lawsuits and accusations of misconduct that led to ties being cut with Operation Underground Railroad, the anti-human trafficking organization he founded. He has denied wrongdoing and filed his own defamation lawsuit against some of his accusers.
