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Haley Kalil’s First Amendment Claim Doesn’t ‘Provide Immunity’

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February 6, 2026
Reading Time: 6 mins read
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Legal Expert Explains What Could Happen in Matt Kalil’s Lawsuit Against Influencer Haley Kalil

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This week on Legally Us, Rachael Bennett, certified family law specialist and senior attorney for Sullivan Law & Associates, breaks down whether Haley Kalil has a valid argument to dismiss her ex Matt Kalil’s lawsuit against her following comments she made about his penis size.

On January 27, Haley, 33, asked the court for the invasion of privacy and unjust enrichment lawsuit to be thrown out due to her First Amendment right. 

“People hear ‘First Amendment’ and think it’s a shield for anything you say. It’s really not,” Bennett, who is not affiliated with the case, exclusively tells Us Weekly. “The Constitution protects opinions and speech on matters of public concern, but it does not automatically protect broadcasting intimate details about a former spouse’s anatomy to the internet.”


Related: Haley Kalil and Matt Kalil‘s Lawsuit Drama and Divorce Explained

Haley Kalil and ex-husband Matt Kalil were on friendly terms following their 2022 divorce, but a recent viral comment from the influencer may have caused a rift between them. In November 2025, Haley declared during a livestream that the size of Matt’s penis was the “biggest factor” in their split. The TikToker’s confession rapidly circulated […]

She adds, “Even if what she said is true, the question is whether those details were private, highly personal, and shared without consent. If they were, that can support an invasion of privacy claim, and truth doesn’t necessarily provide her immunity here.”

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The court docs stated, “Plaintiff’s Complaint seeks to hold a woman in the public eye civilly liable for providing a truthful, autobiographical account of sexual trauma she suffered and described as having led to the end of a highly publicized celebrity marriage with an NFL football star.”

Haley’s attorney argued that allowing the case to proceed would “require this Court to radically expand state-law causes of action beyond their recognized boundaries into territory fiercely protected by the First Amendment.”

Haley-and-Matt-Kalil-GettyImages-1330308115


Related: NFL Alum Matt Kalil‘s Ex-Wife Haley Kalil Has NSFW Reason for Their Divorce

Influencer Haley Kalil got especially candid about the reason she divorced former NFL star Matt Kalil, insinuating that the size of his manhood was “the biggest factor” in their breakup. “[This happened] our whole marriage,” Haley, 33, said in a recent Twitch livestream. “I was going to try it all — therapists, doctors [and I] […]

Haley was married to Matt, 36, from 2015 to 2022. Three years after their split, Haley spoke about her past marriage in a November 2025 livestream where she claimed that the size of Matt’s penis was comparable to “two Coke [cans] stacked on top of each other” or “maybe even a third,” making physical intimacy “impossible.”

Legal Expert Explains What Could Happen in Matt Kalil’s Lawsuit Against Influencer Haley Kalil
FilmMagic

Matt’s lawyer Ryan Saba said in a statement to Us, “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. 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.”

A judge has yet to make a decision.

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Hayley Baylee Calls Herself Temu Version of Angelina Jolie


Related: Influencer Haley Kalil Calls Herself ‘Temu Version of’ Angelina Jolie

Haley Kalil’s followers think she looks like Angelina Jolie — but she doesn’t quite believe it. “I still don’t see it, but I’m grateful every single time because she is stunningly gorgeous,” Kalil, 32, exclusively told Us Weekly at the 33rd annual Elton John AIDS Foundation Academy Awards Viewing Party in Los Angeles on Sunday, […]

“I would think both sides have strong incentives to settle and not let this go to trial,” Bennett tells Us Weekly. “I don’t think either of them would want to participate in a public trial that would force them to rehash the details of their former sex lives. They’ve been divorced for about four years, he’s remarried, this would just be uncomfortable for everyone. If this were to settle, I would expect that settlement agreement would include a gag order to prevent any future public disclosures by Haley.”

For a full Legally Us recap, watch the video above. 

 

‘ The preceding article may include information circulated by third parties ’

‘ Some details of this article were extracted from the following source www.usmagazine.com ’

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