First Amendment is grounds for dismissal of GOP leader’s defamation suit, Tribune attorney says

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First Amendment is grounds for dismissal of GOP leader’s defamation suit, Tribune attorney says
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Attorneys representing local media outlets, political leaders and others argued for a dismissal of a defamation suit from a former Salt Lake County GOP leader.

Counsel representing local media outlets, political leaders and others argued their statements were either protected or non-defamatory opinions.

“I know this is an issue of public interest,” Third District Court Judge Barry Lawrence said Wednesday. “We have, for lack of a better term, a dustup in the Republican Party, a political party. We had seven people come forward and made claims against . I have to assume today that those claims are false, for the purposes of today.”

Judd argued the First Amendment’s neutral reporting privilege allowed the Tribune to report on the controversy. This privilege states journalists are immune from suits from prominent figures when reporting accurately on serious charges brought against them by a set of accusers, Judd said. “So often, The Tribune writes articles summarizing debates talking about mudslinging between political figures — those so rarely actually result in defamation lawsuits like this one,” Judd said. “Another reason that the court may see the neutral reporting privilege come up rarely, is because oftentimes, an article entity like The Salt Lake Tribune can fall back into the actual truth of its reporting, which is that there was not a word in that news story that is inaccurate.

“In the course of such robust debates on issues of public concern, it is inevitable that on occasion statements are made that are not completely accurate,” she continued. “Such occasional false statements are the price we pay for an open democracy and must be protected if the freedoms of expression are to have the breathing space that they need to survive.”

“I was an individual who comments were made to by Mr. Robinson,” Preston said. “He managed my campaign as a delegate of the party. By their own admission, he controlled my website. He wrote op-eds in my name. He tried to control media sources who I couldn’t go to, he wrote things I objected to. When I complained, I was immediately directed to go back to him and not do anything without his ‘OK.’”

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