The following e-filed documents, listed by NYSCEF document number (Motion 001) 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION Plaintiff Dr. Eugene Gu, appearing pro se in this media defamation case, is an online activist involved in a series of controversies, ranging from a Congressional investigation into research use of human fetal tissue, to online debates about racial discrimination and white supremacy, to a federal lawsuit challenging former President Trump’s use of Twitter to block critics. Dr. Gu claims, on Twitter and elsewhere, to be the victim of retaliation, harassment, and online bullying for his activism, while his critics, on Twitter and elsewhere, claim that he is the bully and harasser. In this action, Dr. Gu challenges a news profile about him which was published on March 5, 2019 (the Article [NYSCEF Doc No. 9]) by defendants Vox Media, LLC, and its reporter, Laura Yan (defendants). Although the complaint names The Verge and Vox Media, Inc. as defendants, defendants contend that Vox Media, LLC is the correct entity name. The Article chronicles Dr. Gu’s rise to fame and the controversies in which he has been embroiled, including interviews with Dr. Gu and a number of his critics. Dr. Gu contends that seven discrete statements within the Article are defamatory, and asserts claims for defamation and intentional infliction of emotional distress. Defendants now move, pursuant to CPLR 3211 (a) (1) and (a) (7), for dismissal of the amended complaint (NYSCEF Doc No. 3) on the ground that it fails to state a claim against defendants upon which relief can be granted. For the reasons set forth below, defendants’ motion is granted, and the amended complaint is dismissed. FACTS Plaintiff’s Activism Dr. Gu is a doctor and an outspoken social justice advocate on Twitter (amended complaint,
8 [referencing "activism for Asian American issues that Gu was involved in on social media"]; 28 [referencing Dr. Gu's "'taking the knee' as a symbolic gesture to fight racism as an Asian American doctor"]; see Dr. Gu’s Twitter feed [NYSCEF Doc No. 10]). On his Twitter account, @eugenegu, he has more than 443,000 followers (amended complaint,
