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Home ยป “Nothing He Is Upset About Is Actionable” Asmongold Has Asked the Court to Dismiss Mizkif’s Lawsuit Against Him
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“Nothing He Is Upset About Is Actionable” Asmongold Has Asked the Court to Dismiss Mizkif’s Lawsuit Against Him

News RoomBy News Room9 February 20264 Mins Read
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“Nothing He Is Upset About Is Actionable” Asmongold Has Asked the Court to Dismiss Mizkif’s Lawsuit Against Him

The ongoing legal battle between two Twitch streamers has reached a new stage, as Zack “Asmongold” Hoyt filed a motion to dismiss a defamation lawsuit against him and Emily Beth “Emiru” Schunk filed by Matthew “Mizkif” Rinaudo. As of this writing, the case between all Twitch content creators and organizations involved remains an ongoing matter.

Both Asmongold and Mizkif are co-founders of One True King (OTK), an Austin-based media organization that also includes Emiru, who has served as a co-owner since 2023. In October 2025, Emiru stated during a livestream that she was previously in a relationship with Mizkif, though the relationship had ended months prior. However, Emiru accused Mizkit of sexual assault and blackmail during some vulnerable moments and claimed he took advantage of her. Following Emiru’s accusations, OTK stated that Mizkif’s contract with the organization was terminated some time beforehand and over one million company shares were reclaimed.

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Asmongold Wants Mizkif’s Defamation Lawsuit Dismissed

twitch-asmongold-lawsuit-dismissal-filing-against-mizkif Image via Court Listener

In response to the allegations, Mizkif filed a lawsuit against Emiru and Asmongold in November 2025 for defamation and monetary damages incurred by his termination from OTK. However, according to a motion filed under Federal Rule of Civil Procedure 12(b)(6) with the US District Court for the Western District of Texas, Asmongold’s legal team wants the court to toss out Mizkif’s lawsuit with prejudice. The defense argued that Mizkif failed to state any valid claims against the defendants. Additionally, Asmongold’s lawyers stated that any public commentary on Mizkif or his actions is not grounds for any legal action by the plaintiff. As an alternative to a case dismissal, Asmongold’s legal team stated that Mizkif and his lawyers could provide a more definitive statement that clearly identifies any defamatory comments made by the defendants against Mizkif.

Asmongold’s lawyers argued that Mizkif failed to disclose that he is a public figure and claimed that “nothing he is upset about is actionable.” Although Asmongold stepped away from OTK in 2024, that has not stopped him from sharing his commentary on topics concerning current and former members of the organization on his streams. Asmongold’s legal defense also stated that Mizkif admitted to slamming doors in aggression and taking steroids, which gave him “insane anger issues” as a result. The defense argued that any commentary on statements Mizkif made publicly do not constitute defamation under Texas state law. Asmongold’s legal team said, “Mizkif cannot sue Hoyt for defamation for simply repeating and agreeing with some of Mizkif’s own statements.”

Mizkif’s Legal Saga Is Far From Over

twitch-mizkif-streaming-less-controversies-allegations

The defense added that any statements that Mizkif had taken issue with are opinions that are protected under the First Amendment. Given Asmongold’s reputation as a worldwide leader in content creation, he is also considered a public figure. Asmongold’s defense team stated that Mizkif must prove actual malice in his defamation suit, rather than rely on any comments made about his admissions. However, the dismissal filed by Asmongold’s lawyers is limited in scope. It only covers what was levied against Asmongold by Mizkif and not against what has been filed against Emiru or OTK. As of this writing, the US District Court in Austin has not issued a ruling in either Asmongold’s or Mizkif’s favor. Given that the case is still open, it remains to be seen what the fallout will be from any eventual ruling.

However, Mizkif’s legal issues are unlikely to stop any time soon. Following Emiru’s October stream, more women have accused Mizkif of sexual harassment, abuse, and running smear campaigns against them. After OTK revealed Mizkif’s termination, Mizkif left Twitch and began streaming on Kick, one of its chief competitors.

Source: Dexerto

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