The defendants again appealed the decision. In August 2014, the Reporters Committee for Freedom of the Press with 26 other organizations filed an amicus brief in the D.C. appeals court, arguing that the comments at issue were constitutionally protected under the First Amendment as opinion. Steyn chose to be represented by attorney Daniel J. Kornstein. On December 22, 2016, the D.C. appeals court ruled that Mann's case against Simberg and Steyn could go ahead. A "reasonable jury" could find against the defendants, and though the context should be considered, "if the statements assert or imply false facts that defame the individual, they do not find shelter under the First Amendment simply because they are embedded in a larger policy debate". A counterclaim Steyn filed through his attorneys on March 17, 2014, was dismissed with prejudice by the D.C. court on August 29, 2019, leaving Steyn to pay litigation costs.