Lawyers for retired NFL quarterback Brett Favre asked a federal appeals court Tuesday to revive a defamation lawsuit Favre filed against a fellow Pro Football Hall of Fame member, former tight end Shannon Sharpe, amid the backdrop of a Mississippi welfare scandal that is one of the state’s largest public corruption cases.

A federal judge in Mississippi threw out the lawsuit in October, saying Sharpe used constitutionally protected speech on a sports broadcast when he criticized Favre’s connection to the welfare misspending case.

Favre’s lawyer, Amit Vora, told three 5th U.S. Circuit Court of Appeals judges in New Orleans that the lawsuit should be revived, arguing that Sharpe accused Favre, who has not been charged with a crime, of theft.