Fake news or First Amendment? Defamation trial begins in case of … – Richmond.com
A Hanover County supervisors lawyer accused Style Weekly of publishing fake news while an attorney for the Richmond newspaper called on jurors to defend the First Amendment at the start of a defamation trial that began Friday.
County Supervisor Sean Davis sued the publication after Style Weekly published articles in 2015 by Peter Galuszka suggesting Davis improperly used his position on the Board of Supervisors to influence Hanover schools.
Davis complaint arose from a Dec. 8 article titled Are Politics Threatening an Open Educational Environment in Hanover?
The article suggests Davis interfered with classroom instruction at Hanover High School and had teachers suspended or disciplined if they present ideas or images that Davis considers too liberal.
The article cited a letter submitted to Attorney General Mark Herring from a parent that asked state police to investigate Davis for intimidation of teachers and staff.
The letter, according to the article, pointed to an instance involving a popular English teacher whom Davis took issue with because of what he said in class and because of a wall of photographs, and drawings kept in a student newspaper activities office.
The article, citing the letter, goes on to state that the English teacher was given a three-day suspension that was dropped after the teacher hired a lawyer.
Davis lawsuit also cites another passage from the article in which a Hanover High School parent expressed worry that school officials wont confront Davis.
Davis attorney Steven Biss, told jurors the articles in question contain false accusations of Davis based on unreliable sources and were a reckless disregard for the truth. Biss characterized the articles as a false narrative, fake news.
There are so many false statements, Biss told jurors.Mr. Davis does not become involved in School Board matters.
Attorney Conrad Shumadine, representing Galuszka and Style Weekly publisher Lori Collier Waran, told jurors the articles served the public interest and emphasized the importance of free speech.
The people of Hanover County needed to know, Shumadine said,.
Shumadine said Galuszka thought the issues of alleged censorship in Hanover were serious and that his sources were credible and appropriately vetted. Galuszka tried to speak to school officials but the school division would not comment.
Shumadine said Galuszkas questions for Davis were a chance to have his perspective represented, but that Davis did not answer specific questions. Later, after the first article was published, a lawyer for Davis called Style Weekly.
The newspaper offered to have the story corrected if anything was false, have a letter to the editor published or have Davis do an interview with Galuszka, Shumadine said.
Their response was to file a lawsuit, Shumadine said.
Public officials typically must prove a publication printed false material and in doing so acted with actual malice, which would mean knowingly publishing false information or acting with reckless disregard for the facts.
Biss said the questions Galuszka emailed Davis were loaded. Biss said Galuszka based his reporting off unreliable sources and Style Weekly published the articles because it felt they were salacious and would sell well.
The motive was money, Biss said.
Shumadine said the issue of censorship in Hanover started a year prior to the articles publication when Davis allegedly tried to ban the documentary Thomas L. Friedman Reporting: Searching for the Roots of 9/11 from Hanover schools. The documentary delves into Muslim perspectives of the Sept. 11 attacks and the rise of terrorist groups.
Biss said accusations that Davis had teachers suspended and materials banned in Hanover schools were false. When Davis heard from hundreds of people concerned about the showing in 2014 of the documentary to Hanover High School students, the supervisor brought up those concerns to Hanovers joint education committee, Biss said.
Davis expressed concerns about the documentary at a Board of Supervisors meeting in 2014, calling a showing of the video disrespectful and un-American.
He had concerns about the 9/11 video because hes a Marine, Biss said of Davis.
Shumadine told jurors that Davis did intervene to have Hanover teachers disciplined, and that a student organization eventually formed to protest against what it felt like was unfair handling of teachers and curriculum.
Shumadine cited a letter from Davis sent to County Attorney Sterling Rives communicating that Davis expected the concerns of Hanover residents about an education matter be investigated.
Rives was the first and only witness to be called to the stand by Biss on Friday. Biss line of questioning focused on how Davis handling of complaints about education matters was appropriate and followed standard procedures.
Attorney Brett Spain, on cross-examination, asked Rives about whether Davis calling for the investigation into the concerns of Hanover residents about a teacher was extraordinary. Rives couldnt think of any other supervisor who had made such a request.
Before the opening arguments, a jury was narrowed down from more than 70 people. The judge in the trial, which is scheduled to last six days, is Michael Levy from Stafford County.
The Style Weekly lawsuit isnt the only one Davis is involved with. In January, Davis sued his former employer, the Virginia Automobile Dealers Association, along with the lobbying groups president and CEO Donald Hall over allegations of fraud and defamation. A jury trial for the complaint is scheduled for April in Richmond Circuit Court.
Read the rest here:
Fake news or First Amendment? Defamation trial begins in case of ... - Richmond.com
- Fighting Antisemitism Should Not Come at the Expense of the First Amendment - Reason Magazine - June 18th, 2025 [June 18th, 2025]
- How Hawley, Marshall choose Trump over the First Amendment | Opinion - Kansas City Star - June 18th, 2025 [June 18th, 2025]
- FARRAND: Saturday was a day we exercised three of our First Amendment rights - thenewsherald.com - June 18th, 2025 [June 18th, 2025]
- The State of the First Amendment in the University of North Carolina System - FIRE | Foundation for Individual Rights and Expression - June 18th, 2025 [June 18th, 2025]
- The First Amendment is Again in Colorados Crosshairs - The Federalist Society - June 18th, 2025 [June 18th, 2025]
- The Military Parade and Protections of the First Amendment - Just Security - June 18th, 2025 [June 18th, 2025]
- Court ruling clarifies limits of NCs First Amendment protection - Carolina Journal - June 18th, 2025 [June 18th, 2025]
- Letter to the Editor - Campbell County Democrats Cherish First Amendment Rights - The Mountain Press - June 18th, 2025 [June 18th, 2025]
- Editorial: Lets remember the peaceably part of First Amendment - Everett Herald - June 18th, 2025 [June 18th, 2025]
- PETA Sues NIH, NIMH in Groundbreaking First Amendment Lawsuit - People for the Ethical Treatment of Animals (PETA) - June 18th, 2025 [June 18th, 2025]
- First Amendment expert explains the right to protest amid 'No Kings' movement - CBS News - June 18th, 2025 [June 18th, 2025]
- ACLU of Nevada shares guidelines for protesters to safeguard their First Amendment rights - KSNV - June 18th, 2025 [June 18th, 2025]
- Las Vegas ICE protests: First Amendment right or breaking the law? - KLAS 8 News Now - June 18th, 2025 [June 18th, 2025]
- Rights afforded to protestors by the First Amendment, and what it does not give you the right to do - Action News Now - June 18th, 2025 [June 18th, 2025]
- What can and can't you do with your First Amendment right of free speech? - KMPH - June 18th, 2025 [June 18th, 2025]
- The First Amendment Is the backbone of democracy - Herald-Banner - June 18th, 2025 [June 18th, 2025]
- First Amendment thoughts ahead of weekend protests | Whales Tales - Auburn Reporter - June 18th, 2025 [June 18th, 2025]
- Mass. AFL-CIO president says Trump administration is 'ripping up' the First Amendment - WBUR - June 10th, 2025 [June 10th, 2025]
- No First Amendment Violation in Excluding Associated Press from "the Room Where It Happens" - Reason Magazine - June 10th, 2025 [June 10th, 2025]
- Contra the Trump FTC, Boycotts Are Protected by the First Amendment - RealClearMarkets - June 10th, 2025 [June 10th, 2025]
- Letter to the editor: Thanks to EPD for respecting my First Amendment rights on Palestine and Israel - Evanston RoundTable - June 10th, 2025 [June 10th, 2025]
- Texas Harassment Conviction for Sending 34 Messages Over 15 Weeks to Ex-Therapist Violates First Amendment - Reason Magazine - June 10th, 2025 [June 10th, 2025]
- Opinion | This Trump Executive Order Is Bad for Human Rights and the First Amendment - The New York Times - June 10th, 2025 [June 10th, 2025]
- Contra the FTC, Boycotts Protected by First Amendment - RealClearMarkets - June 10th, 2025 [June 10th, 2025]
- PBS sues Trump administration over funding cuts, alleging they violate First Amendment - CBS News - June 1st, 2025 [June 1st, 2025]
- British Attacks on Free Speech Prove the Value of the First Amendment - Reason Magazine - June 1st, 2025 [June 1st, 2025]
- Students Protesting the Genocide in Gaza Are Losing Their First Amendment Rights - splinter.com - June 1st, 2025 [June 1st, 2025]
- PBS sues Trump administration, says executive order cutting federal funding violates First Amendment - Fox News - June 1st, 2025 [June 1st, 2025]
- PBS sues Trump over funding cuts to public media and alleges First Amendment violation - Business Insider - June 1st, 2025 [June 1st, 2025]
- Trump Lawyers Claim 60 Minutes Harris Interview Caused Him Mental Anguish, Argue That the First Amendment Is No Shield to News Distortion in Motion to... - June 1st, 2025 [June 1st, 2025]
- Trumps executive orders: Due process, breathtaking sweeps, and the evils of intentional vagueness First Amendment News 472 - FIRE | Foundation for... - June 1st, 2025 [June 1st, 2025]
- Free speech is the rule: Alito wants more First Amendment protections for students after middle schooler is punished for wearing There Are Only Two... - June 1st, 2025 [June 1st, 2025]
- Judge Denies Artificial Intelligence Chatbot First Amendment Protections in Lawsuit - FindLaw - June 1st, 2025 [June 1st, 2025]
- NPR sues over Trump order cutting off its funding, citing First Amendment - Duncan Banner - June 1st, 2025 [June 1st, 2025]
- South Bend Stops YouTubers Bid to Revive First Amendment Claim - Bloomberg Law News - May 17th, 2025 [May 17th, 2025]
- Trump Administration Likely Violated American Bar Association's First Amendment Rights - Reason Magazine - May 15th, 2025 [May 15th, 2025]
- Perkins Coie Litigation Team Secures First Amendment Federal Court Win for DEF CON - Perkins Coie - May 15th, 2025 [May 15th, 2025]
- How swiftly power can be weaponized against dissenting voicesincluding the free and open press as protected by the First Amendment - Northeast Valley... - May 15th, 2025 [May 15th, 2025]
- NYUs First Amendment Watch Launches Trump 2.0: Executive Power and the First Amendment - NYU - May 10th, 2025 [May 10th, 2025]
- CCIA Files Amicus Brief Defending the First Amendment Rights of Email Service Providers - CCIA - May 10th, 2025 [May 10th, 2025]
- Zick on executive orders and official orthodoxies First Amendment News 469 - FIRE | Foundation for Individual Rights and Expression - May 10th, 2025 [May 10th, 2025]
- Why Journalists Must Band Together to Defend the First Amendment - PEN America - May 10th, 2025 [May 10th, 2025]
- Youngkin vetoes Confederate tax break roll back, but First Amendment scholar says that might be best - WHRO - May 10th, 2025 [May 10th, 2025]
- Baxter County facing $102,757 payment after losing eight-year First Amendment lawsuit - Mountain Home Observer - May 10th, 2025 [May 10th, 2025]
- DOJ to investigate this new Washington law for first amendment violations - KGW - May 10th, 2025 [May 10th, 2025]
- Judge orders Tufts scholar Rumeysa Ozturk released from ICE detention after serious First Amendment and due process questions - MSN - May 10th, 2025 [May 10th, 2025]
- The First Amendment and the Trump Administration's Anti-DEI Executive Orders - Reason Magazine - May 10th, 2025 [May 10th, 2025]
- Here Is Why Harvard Argues That Trump's Funding Freeze Violates the First Amendment - Reason Magazine - April 25th, 2025 [April 25th, 2025]
- Thankfully, Larry David mocks Bill Maher First Amendment News 467 - FIRE | Foundation for Individual Rights and Expression - April 25th, 2025 [April 25th, 2025]
- No, Gov. Lombardo, nobody was being paid to exercise First Amendment rights - Reno Gazette Journal - April 25th, 2025 [April 25th, 2025]
- Letter from the Editor: The First Amendment shaped my time on the Hill - WKUHerald.com - April 25th, 2025 [April 25th, 2025]
- Analysis: Pro-Hamas speech is protected by the First Amendment - Free Speech Center - April 25th, 2025 [April 25th, 2025]
- Who Will Fight for the First Amendment? Protecting Free Expression at a Critical Time - - Center for Democracy and Technology - April 25th, 2025 [April 25th, 2025]
- What the Doxxing of Student Activists Means For the First Amendment - The Progressive - April 25th, 2025 [April 25th, 2025]
- Does Gov. Landrys bid to restrict attorney advertising violate the First Amendment? - Baton Rouge Business Report - April 25th, 2025 [April 25th, 2025]
- Harvard invokes First Amendment in US lawsuit over academic control - Times of India - April 25th, 2025 [April 25th, 2025]
- Fun with the First Amendment: Why Sarah Palins lawyers are happy, and why Deborah Lipstadt isnt - Media Nation - April 25th, 2025 [April 25th, 2025]
- The First Amendment Is Being Rewritten in Real Time - Rewire News Group - April 25th, 2025 [April 25th, 2025]
- Criminalizing the Assertion of First Amendment Rights - Law.com - April 25th, 2025 [April 25th, 2025]
- Massachusetts First Amendment case: Harmony Montgomerys custody hearing audio to be released - Boston Herald - April 25th, 2025 [April 25th, 2025]
- Harvard, Trump and the First Amendment: Will Others Follow Suit? - Law.com - April 25th, 2025 [April 25th, 2025]
- Executive Watch: The breadth and depth of the Trump administrations threat to the First Amendment First Amendment News 465 - FIRE | Foundation for... - April 12th, 2025 [April 12th, 2025]
- Rising Wave of Funders and PSOs Stand Up for the First Amendment Freedom to Give - Inside Philanthropy - April 12th, 2025 [April 12th, 2025]
- Clear commands of First Amendment precedent: Trump-appointed judge rejects government motion to stay court order allowing Associated Press back into... - April 12th, 2025 [April 12th, 2025]
- Distinguished lecture series on First Amendment at URI adds Visiting Professors of Practice Rhody Today - The University of Rhode Island - April 12th, 2025 [April 12th, 2025]
- Everything starts with a voice: Understanding the First Amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- This is an all-out war on the First Amendment - mronline.org - April 12th, 2025 [April 12th, 2025]
- The lost right in the first amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- Zero-tolerance laws on Tennessee school shooting threats raise First Amendment worries - The Tennessean - April 12th, 2025 [April 12th, 2025]
- Federal Judge Orders White House to Restore Access to AP, Citing First Amendment - Democracy Now! - April 12th, 2025 [April 12th, 2025]
- Does the First Amendment apply to the students in Texas who had their visas revoked? - Fort Worth Star-Telegram - April 12th, 2025 [April 12th, 2025]
- Guest Column: Detention of Tufts Student a Brazen Attack on the First Amendment - The Bedford Citizen - April 12th, 2025 [April 12th, 2025]
- KU students protest for First Amendment rights - The Washburn Review - April 12th, 2025 [April 12th, 2025]
- Trackergate: The First Amendment Fights Back as Schieve and Hartung Face the Music - Nevada Globe - April 12th, 2025 [April 12th, 2025]
- A friend's wedding, the First Amendment - Delta Democrat-Times - April 12th, 2025 [April 12th, 2025]
- Judge rules against White House in AP's First Amendment case - newscentermaine.com - April 12th, 2025 [April 12th, 2025]
- UMass Amherst library hosts webinar on the First Amendment and book banning - Massachusetts Daily Collegian - April 12th, 2025 [April 12th, 2025]
- Kansas Statehouse clownery has torn First Amendment to shreds. Who will tape it back together? - Kansas Reflector - March 18th, 2025 [March 18th, 2025]
- Is Mahmoud Khalil protected by the First Amendment? - CNN - March 18th, 2025 [March 18th, 2025]
- D.C. Media's Gridiron Dinner Features A Toast To The First Amendment --- And Not To The President - Deadline - March 18th, 2025 [March 18th, 2025]