Key Takeaways
- A federal judge dismissed former NFL player Matt Kalil’s privacy lawsuit against ex-wife Haley Kalil, ruling that her viral comments about their sex life addressed her marriage, divorce, and personal trauma.
- The court found Haley’s “two Coke cans” description crude but a matter of legitimate public concern, emphasizing that the model and influencer had the right to discuss her own experiences.
- Haley said the ruling could encourage women to share their stories without fear, while Matt’s attorney said the former Minnesota Vikings tackle plans to appeal.
A federal judge has determined that the size of former NFL player Matt Kalil’s penis—or, more precisely, his ex-wife’s public discussion of it—is a matter of “legitimate public concern.”
Senior U.S. District Judge Patrick Schiltz dismissed Kalil’s lawsuit against his ex-wife, model and influencer Haley Kalil, on Thursday, Sept. 17, rejecting his claims that she invaded his privacy by revealing intimate details about their sex life during a viral Twitch livestream.
The ruling found that Haley’s comments, however explicit, were part of a larger discussion about “her life, her marriage, and her divorce,” subjects the court determined her millions of followers had a legitimate interest in hearing about.
Both Haley and Matt were also public figures during their relationship: she built a career as a model and social media personality, while Matt spent years in the NFL after the Minnesota Vikings selected him fourth overall in the 2012 draft.
The court acknowledged that Haley’s comments were “certainly crude,” but found that she made them while describing the “trauma” she said she experienced during the marriage.
“In short, Haley was discussing her life, not Matt’s, and the law generally protects a person’s speech about herself, even though such speech inevitably reveals details about others,” the ruling stated.
That distinction was enough to sink Matt’s claims. The court specifically found that Haley’s remarks about the size of his penis and its alleged effect on her health and marriage involved a “matter of legitimate public concern.” Because of that finding, the judge said it was unnecessary to decide Haley’s additional argument that her comments were protected under the First Amendment.
Haley welcomed the decision.
“I never wanted to be in a courtroom discussing matters of my own life,” she told People. “I think this ruling is important and I hope it encourages women everywhere to speak openly about what they’ve been through. Your story belongs to you & you shouldn’t fear sharing it.”
Matt’s attorney, Ryan Saba, signaled that the former NFL offensive tackle isn't finished fighting. “We are not going to comment at this time other than to say we intend to appeal this decision,” he said.
Haley said physical incompatibility had been “the biggest factor” in their divorce and claimed they spent years searching for solutions.
“We tried it all: therapist, doctors,” she said.
Then came the description that turned the interview into a viral story: Haley compared her former partner’s penis to “two Coke cans stacked on top of each other, maybe even a third.” She also said intercourse could leave her “in tears.”
Matt sued in January, arguing that the disclosures brought him “unwanted attention and invasive commentary from the public” after he had deliberately retreated from the spotlight following his NFL career. He also alleged that the continued circulation of Haley’s comments affected his family.
