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.
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Fake news or First Amendment? Defamation trial begins in case of ... - Richmond.com
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