A new legal development has emerged in the ongoing dispute surrounding former One True King (OTK) member Matthew “Mizkif” Rinaudo. Content creator Zack “Asmongold” Hoyt has filed a motion seeking dismissal of the defamation lawsuit brought against him in late 2025, marking another escalation in a controversy that continues to ripple across the streaming industry.
The motion, filed in the Western District of Texas, asks the court to dismiss the claims with prejudice under Federal Rule of Civil Procedure 12(b)(6), arguing that the lawsuit fails to present legally actionable defamation allegations.
Background: Allegations, Termination, and Industry Fallout
The broader conflict began in October 2025 when Emily Beth “Emiru” Schunk stated during a livestream that she had previously been in a relationship with Mizkif. During that broadcast, she accused him of sexual assault, blackmail, and exploitation during vulnerable moments.
OTK later confirmed that Mizkif’s contract had already been terminated and that the organization had reclaimed more than one million company shares tied to his role. Following the stream, additional accusations from other women surfaced, ranging from harassment and abuse claims to allegations of smear campaigns.
Amid the fallout, Mizkif departed Twitch and began streaming on Kick, while legal disputes involving multiple creators and entities continued to unfold.
Legal Argument Centers on Public Figure Standards
Asmongold’s dismissal request focuses on several core legal arguments:
- The complaint allegedly fails to establish statements that qualify as actionable defamation.
- Repetition of Mizkif’s own public statements, along with general commentary, is argued to be non-defamatory.
- Many disputed remarks are characterized as protected opinion under the First Amendment.
The motion also emphasizes Mizkif’s status as a public figure, which raises the legal threshold by requiring proof of “actual malice” to sustain a defamation claim.
Case Status and What Comes Next
Importantly, the dismissal motion applies only to the claims against Asmongold and does not address allegations involving Emiru or OTK. The court has not yet issued a ruling, leaving the broader legal battle unresolved.
As the situation develops, the case continues to draw significant attention across streaming communities, highlighting the growing legal and reputational stakes tied to influencer-driven organizations and public online disputes.
