The invasion-of-privacy lawsuit retired NFL star Matt Kalil filed against his ex-wife for revealing details of their sex life should be dismissed because she did not mention him by name, according to a new court filing obtained by the Daily Mail.
That filing, which was first reported by TMZ, argues that Haley Kalil’s comments about Matt’s penis and their sex life were actually protected by the First Amendment.
‘A woman’s right to provide a truthful account of her own relationships and her own past sexual trauma lies at the very core of First Amendment protections,’ Haley’s lawyer, Matthew Bialick, told TMZ. ‘Mr. Kalil’s brief mentioned the First Amendment a grand total of three times and offered no constitutional analysis whatsoever.
‘We are more confident than ever that this case will be dismissed and that Ms. Kalil will be awarded her attorneys’ fees.’
In Wednesday’s filing, Bialick emphasized that his client did not specifically identify Matt when she discussed their sex life on Twitch.
‘But Defendant also never used Plaintiff’s name,’ Bialick wrote in the filing. ‘The Complaint alleges only that ‘viewers could and did readily infer’ who she was discussing. The only reason viewers could ‘readily infer’ anything is because Defendant was a Sports Illustrated model and former Miss Minnesota USA married to an NFL player — a marriage publicly known precisely because both parties were public figures.’
Attorneys for Haley Kalil are confident a judge will throw out a lawsuit filed by her ex-husband
Haley Kalil’s latest legal filing points out she never mentioned her ex-husband by name
Crucially, Haley and Matt’s status as public figures could undermine his invasion-of-privacy argument. While public figures have a right to privacy, they have less legal protection to enforce it.
Matt, a former Vikings and Panthers standout offensive lineman, is seeking a jury trial and damages of more than $75,000 in the wake of comments Haley made about the size of his manhood.
On a Twitch video last year, the Sports Illustrated swimsuit model and former Miss Minnesota described his penis as ‘two coke cans, maybe even a third,’ detailing that intimacy was one of the reasons for the breakdown in their marriage.
The ex-football player claimed in his lawsuit that he has been subjected to ‘unwanted attention and invasive commentary from the public,’ while his family has ‘been forced to endure the ongoing public circulation of these degrading and deeply personal statements.’
Matt’s attorney Ryan Saba has since issued a response motion to dismiss.
‘Haley Kalil disclosed private and intimate details about Matt Kalil that were of no legitimate public concern and subjected Matt Kalil and his family to widespread ridicule and unwanted attention,’ Saba said. ‘Haley Kalil shared these sensitive personal details about her ex-husband in an apparent quest to seek fortune and fame. Her actions were extreme, outrageous, beyond all possible bounds of decency, and have caused substantial harm to Matt Kalil, his family, and his business.
‘Haley Kalil’s motion to dismiss does not dispute the fact that she wantonly disclosed private and intimate details about Matt Kalil that resulted in widespread ridicule and unwanted attention,’ said Ryan Saba of Rosen Saba LLP, attorney for Matt Kalil. ‘The motion completely misses the point that a spouse does not have a right to expose private and confidential marital and sexual details for the purpose of profiting. We expect that the motion will be completely denied.’
Kalil has since remarried to model Keilani Asmus. The pair is pictured on a vacation in the UK
Haley Kalil at the 34th Annual GLAAD Media Awards held at the New York Hilton Midtown
Haley has since spoken to TMZ after being slapped with the lawsuit, and says she is ‘genuinely shocked and incredibly hurt’ by the allegations.
‘Litigation is a harrowing and emotionally draining experience, and I am heartbroken that he is choosing to subject us and our families to this ordeal,’ she added.
Haley went on to claim that she spoke highly of her ex-husband ‘six times’ in the live stream conversation, even referring to him as ‘the greatest guy in the world.’
Matt married Haley in 2015 and they were together for seven years before their split in 2022.
He has since remarried to model Keilani Asmus and now claims she has received a barrage of disgusting messages on social media about his genitals.
The suit filed against Haley includes a series of screenshots of messages purportedly sent to Keilani, which Kalil claims have become ‘increasingly frequent, disturbing and alarming in nature over time.’
