This week on Legally Us, Rachael Bennett, certified family law specialist and senior attorney for Sullivan Law & Associates, breaks down whether Haley Kalil has a valid argument to dismiss her ex Matt Kalil’s lawsuit against her following comments she made about his penis size.
On January 27, Haley, 33, asked the court for the invasion of privacy and unjust enrichment lawsuit to be thrown out due to her First Amendment right.
“People hear ‘First Amendment’ and think it’s a shield for anything you say. It’s really not,” Bennett, who is not affiliated with the case, exclusively tells Us Weekly. “The Constitution protects opinions and speech on matters of public concern, but it does not automatically protect broadcasting intimate details about a former spouse’s anatomy to the internet.”
She adds, “Even if what she said is true, the question is whether those details were private, highly personal, and shared without consent. If they were, that can support an invasion of privacy claim, and truth doesn’t necessarily provide her immunity here.”
The court docs stated, “Plaintiff’s Complaint seeks to hold a woman in the public eye civilly liable for providing a truthful, autobiographical account of sexual trauma she suffered and described as having led to the end of a highly publicized celebrity marriage with an NFL football star.”
Haley’s attorney argued that allowing the case to proceed would “require this Court to radically expand state-law causes of action beyond their recognized boundaries into territory fiercely protected by the First Amendment.”
Haley was married to Matt, 36, from 2015 to 2022. Three years after their split, Haley spoke about her past marriage in a November 2025 livestream where she claimed that the size of Matt’s penis was comparable to “two Coke [cans] stacked on top of each other” or “maybe even a third,” making physical intimacy “impossible.”
Matt’s lawyer Ryan Saba said in a statement to Us, “Haley Kalil’s motion to dismiss does not dispute the fact that she wantonly disclosed private and intimate details about Matt Kalil that resulted in widespread ridicule and unwanted attention. The motion completely misses the point that a spouse does not have a right to expose private and confidential marital and sexual details for the purpose of profiting. We expect that the motion will be completely denied.”
A judge has yet to make a decision.
“I would think both sides have strong incentives to settle and not let this go to trial,” Bennett tells Us Weekly. “I don’t think either of them would want to participate in a public trial that would force them to rehash the details of their former sex lives. They’ve been divorced for about four years, he’s remarried, this would just be uncomfortable for everyone. If this were to settle, I would expect that settlement agreement would include a gag order to prevent any future public disclosures by Haley.”
For a full Legally Us recap, watch the video above.
