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by WILL FOLKS
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A South Carolina judge ruled this week that a state defamation case filed by Richard A. “Buster” Murdaugh Jr. – the surviving son of accused killer Alex Murdaugh – against multiple parties can move forward.
S.C. circuit court judge Heath Taylor issued an order on Monday (August 24, 2026) in a case originally brought in June of 2024 against Netflix, The Cinemart, Gannett and Michael DeWitt – a journalist and author based in Hampton County, S.C.
Several other parties were named in the original lawsuit, which alleged that Buster Murdaugh was falsely tied to the death of 19-year-old Hampton, S.C. resident Stephen Smith in July 2015. This case was removed to federal court, but U.S. district court judge Richard Gergel later remanded the case involving these four defendants back to state court.
Motions to dismiss the action were filed by the four defendants last spring, and a hearing on those motions was held before Taylor on July 31, 2026.
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The defendants put forward various arguments as to why the state should dismiss Murdaugh’s action – but Taylor ruled against each of them, concluding Netflix and The Cinemart took “creative liberties” in producing their hit 2 2023 documentary, Murdaugh Murders: A Southern Scandal.
Murdaugh claimed these defendants “selectively crafted and interposed interviews from law enforcement, community members and media personnel… to create the defamatory implication that (Murdaugh) is responsible for Stephen Smith’s death.”
Taylor agreed this “selective crafting” undermines a defense of “fair reporting.”
As for DeWitt, judge Taylor concluded his appearance in the documentary was intended to lend legitimacy to the production – and that his comments “could be interpreted by viewers as implying (Buster Murdaugh) was involved in the death of Stephen Smith.”
“While it is a truthful statement that rumors were circulating in the community about (Murdaugh)’s possible involvement, Mr. DeWitt’s comments could be interpreted to endorse those rumors as truthful,” Taylor wrote.
Critically, Taylor concluded that while it had not yet been determined whether Murdaugh was a private or public figure for the purposes of the lawsuit, he had “plausibly alleged malice and/or negligence.”
Murdaugh is the elder son of Alex Murdaugh, who is currently on trial a second time for the graphic June 2021 murders of his wife, 52-year-old Maggie Murdaugh, and younger son, 22-year-old Paul Murdaugh.
No charges have been filed in connection with Smith’s death.
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THE ORDER…
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ABOUT THE AUTHOR…
Will Folks is the founding editor of the news outlet you are currently reading. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and eight children.
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