A Texas appeals court has cut more than $43 million from the punitive damages Infowars founder Alex Jones was ordered to pay the parents of a child killed in the Sandy Hook Elementary School shooting, finding that most of the award exceeded limits imposed by state law.
The Texas Third Court of Appeals on Friday reduced the exemplary, or punitive, damages awarded to Neil Heslin and Scarlett Lewis from about $45.2 million to $1.5 million. Roughly $4.1 million in compensatory damages remains intact, bringing Jones and his company Free Speech Systems’ revised liability in the Texas case to about $5.6 million before other amounts that may apply.
Heslin and Lewis are the parents of Jesse Lewis, who was six years old when he was killed along with 19 other children and six educators at Sandy Hook Elementary School in Newtown, Connecticut, in December 2012.
Jones spent years promoting false claims that the shooting was staged or had not occurred. Heslin sued him for defamation, while both parents brought claims for intentional infliction of emotional distress. They argued that his broadcasts fueled years of harassment by people who believed the families had lied about the massacre.
A Texas judge found Jones and Free Speech Systems liable before trial after ruling that they repeatedly failed to comply with discovery orders. A jury was then asked in 2022 to decide how much Heslin and Lewis should receive, ultimately awarding about $4.1 million in compensatory damages and more than $45 million in exemplary damages.
The difference between the two forms of damages is central to the appeal. Compensatory damages are meant to repay someone for harm caused by another party, including financial losses, emotional distress, and other injuries recognized by law. Punitive damages serve a separate purpose by punishing especially serious conduct and discouraging similar behavior.
Texas law refers to punitive awards as exemplary damages and generally limits how large they can be through a formula tied to the amount of compensatory damages awarded. State law also allows certain exceptions when a claim is based on specified types of criminal conduct.
Heslin and Lewis were allowed after the verdict to amend their claims to invoke an exception that could permit damages above the usual statutory limit. Their attorneys relied on a provision involving injury to a disabled person as a basis for preserving the larger jury award.
The appeals court concluded that the change came too late. Chief Justice Darlene Byrne wrote that the exception depended on legal and factual issues that had not been properly presented before the verdict, including findings that were never submitted to the jury. The court ruled that the trial judge abused her discretion by allowing the claims to be amended after trial and then using the new grounds to exceed the statutory damages limit.
Applying the limit reduced the exemplary damages to $750,000 for each parent. The figure does not represent a universal $750,000 ceiling on punitive damages in Texas. The amount available in other cases depends on the statutory formula, the damages awarded, and whether a recognized exception has been properly established.
The decision leaves Jones’s underlying liability intact. Although Jones has described the Sandy Hook litigation in First Amendment terms and called Friday’s ruling a victory, the appeals court addressed how much exemplary damages Texas law permits, not whether his false statements about the shooting were constitutionally protected.
The Texas case represents only part of Jones’s financial liability stemming from his Sandy Hook broadcasts. Families in Connecticut separately secured judgments totaling more than $1 billion, and Jones and Free Speech Systems have been involved in bankruptcy and asset proceedings as the families seek payment.
Friday’s ruling does not affect the separate Connecticut judgments. The Texas judgment remains subject to further appellate proceedings.