Is there anyone who thinks this is a frivolous lawsuit.
No, this isn't a frivolous lawsuit. Far from it.
The claims asserted by Jones/InfoWars about the plaintiffs being actors involved in heinous criminal conduct, including the claim that the Pozner child “die[d] (again)” in a school attack in Pakistan in 2015, clearly amount to defamation
per se, for which damages are presumed.
Other than this, I cannot imagine finding a jury that would be unsympathetic to the anguish that these parents have suffered as a result of Jones'/InfoWars' claims that their personal experiences with their slaughtered children are total fabrications, a giant illegal hoax perpetrated upon the public.
The claims of Jones/InfoWars cannot be innocent errors where they tried to discover and report the truth about these events, the parents and their children; they can only be claims that were knowingly false or made with reckless disregard of the truth, and therefore constitute actual malice. For instance, according to the complaint, in an NBC interview in June 2017 Mr. Heslin stated, “I lost my son. I buried my son. I held my son with a bullet hole through his head.” Days later, InfoWars broadcast a segment where a reporter claimed Mr. Heslin's statement “cannot be accurate,” and “that is not possible,” making such claims solely on the grounds that the slain children were initially identified using photographs rather than by the parents in person. InfoWars and the reporter could easily have discovered that soon after the initial identifications parents were allowed to see and hold their children.
I'd say these parents have an excellent case of defamation and defamation
per se.