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Buster Murdaugh: Defamation Lawsuit Against Netflix and Gannett Head Back to Hampton County

By James Seidel | CC News Network

HAMPTON COUNTY, S.C. — The legal battle between Buster Murdaugh and several major media companies is shifting back to South Carolina state court, following a judge’s ruling that remands portions of the case against Netflix and Gannett to Hampton County.

Murdaugh, the only surviving son of convicted murderer Alex Murdaugh, filed a defamation lawsuit in June 2024, accusing Netflix, Warner Bros. Discovery, and other media organizations of falsely implicating him in the 2015 death of his former classmate, Stephen Smith. He argues that statements made in true crime documentaries and news reports have inflicted irreparable harm to his reputation and emotional distress.

Federal vs. State Court: Key Legal Battle

The defendants sought to move the case to federal court, citing the involvement of out-of-state media entities and jurisdictional concerns. However, in a recent ruling:

The judge GRANTED Warner Bros. Discovery’s motion to sever their case, meaning they will continue to fight Murdaugh in federal court.
The judge GRANTED Murdaugh’s motion to remand the case against Netflix and Gannett, meaning those portions of the lawsuit will now proceed in Hampton County.
The Netflix and Gannett Defendants were DISMISSED from federal court, meaning they must now defend themselves in state court.
Murdaugh has 10 days to respond to Warner Bros. Discovery’s motion to dismiss their portion of the lawsuit.

Why Hampton County Matters

Legal analysts suggest that Murdaugh’s legal team fought hard to keep the case in Hampton County because of the local influence and jury pool. Critics, including the media defendants, have argued that Michael DeWitt, the editor of the Hampton County Guardian, was named as a defendant solely to keep the case in Buster’s hometown—a move known as “forum shopping” in legal circles.

If the Netflix and Gannett portions of the case remain in Hampton County, Murdaugh could have home-court advantage in a county deeply familiar with the Murdaugh name.

The Stephen Smith Case: Lingering Questions

The 2015 death of Stephen Smith, a high school classmate of Buster Murdaugh, has been a long-standing mystery. His body was found on a rural road in Hampton County, originally ruled as a hit-and-run. However, in 2021, amid the investigation into the murders of Paul and Maggie Murdaugh, the South Carolina Law Enforcement Division (SLED) reopened Smith’s case as a homicide.

While SLED has not named any suspects, persistent speculation has fueled documentaries and news reports connecting Buster Murdaugh to Smith’s death—a connection that Buster has vehemently denied. His lawsuit aims to hold media companies accountable for spreading what he calls “baseless allegations.”

This media outlet did a 4-part interview series on what FITSNews called a “Person of interest in the death of Stephen Smith,” with Patrick Wilson. Those articles may be found here: Article 1 Article 2 Article 3, and Article 4 with Patrick Wilson.

Buster’s Legal Team Fights Back

Attorney Shaun Kent, who represents Murdaugh, has aggressively pursued defamation claims against national media outlets. He has accused Netflix, HBO, and journalist Michael DeWitt of acting with “reckless indifference to the truth.”

Kent, however, is not just fighting for Buster. He is also representing Russell Laffitte, the former Palmetto State Bank CEO, in a legal battle against South Carolina journalists Mandy Matney and Liz Farrell.

Growing Defamation Lawsuits in South Carolina

Buster Murdaugh’s lawsuit is part of a broader wave of defamation cases being filed across South Carolina.

Russell Laffitte, whose federal fraud conviction was overturned, is fighting back against Matney and Farrell, claiming that their reporting prejudiced the jury in his original trial. But that motion was recently denied by Judge Gergal. The same Judge that had Laffitte’s conviction overturned.
Pastor John Paul Miller has filed 33 lawsuits in Myrtle Beach, alleging defamation, slander, and stalking by protesters.

With Netflix, Gannett, and other defendants now split between federal and state court, the legal battle over how true crime media portrays public figures is reaching a new level of scrutiny.

What’s Next?

Netflix and Gannett will now face litigation in Hampton County, where Murdaugh originally filed his lawsuit.
Warner Bros. Discovery remains in federal court, and Buster must respond to their motion to dismiss within 10 days.
More defamation lawsuits are expected as media accountability becomes a central issue in South Carolina courts.

As Crime and Cask continues to report on the Murdaugh legal battles, this case could set a national precedent for the role of true crime documentaries in shaping public perception—and their potential legal consequences.