Former “Undisputed” host Shannon Sharpe remains undefeated in his defense of critical remarks toward fellow NFL Hall of Famer Brett Favre.

On Monday, the U.S. 5th Circuit Court of Appeals rejected a request by Favre to resurrect a defamation lawsuit against Sharpe, who said on his Sept. 14, 2023, show that the former Southern Miss and Green Bay Packers quarterback stole funds from the Temporary Assistance for Needy Families government program meant for those living in poverty.

Favre hasn’t been charged in the scandal in which six people have been convicted of state and federal charges involving $77 million in federal TANF funds.

In 2022, the state Department of Human Services sued Favre and many others to try and recoup the $77 million that was illegally diverted between 2016 and 2019. A year earlier, the department had sought to recover $1.1 million in TANF funds that Favre received for speeches he never delivered. (The speaking fees had come through the nonprofit Mississippi Community Education Center.)

After a Sept. 13, 2022, article appeared in Mississippi Today, Sharpe said on the Fox Sports show, “Skip and Shannon: Undisputed,” that “Bretty Favre is taking money from the underserved” and that he “stole money from people that really needed that money.”

Favre sent Sharpe a letter, demanding a retraction and asking him to stop making any “further defamatory falsehoods against Favre.”

Sharpe refused, and Favre sued for defamation, saying that Sharpe had falsely accused him of serious crimes and hurt his reputation. Sharpe responded that his remarks are “a classic example of the king of rhetorical hyperbole and loose, figurative language” protected by the First Amendment.

A federal judge ruled in Sharpe’s favor, and so did the 5th Circuit. “Nothing in life or our law guarantees a person immunity from occasional sharp criticism,” 5th Circuit District Judge Leslie H. Southwick wrote.

Favre has paid back the $1.1 million, but State Auditor Shad White said in February that Favre still owed more than $700,000 in interest.

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