The Millard County Chronicle Progress argues the libel lawsuit is 'retaliatory,' brought in an effort to silence of the voice of a small-town newspaper.
Citing a new state law aimed at deterring abusive lawsuits that silence free speech, the Millard County Chronicle Progress asked a judge to dismiss Wayne Aston ’s lawsuit
David Reymann, a media attorney who represents the Millard County newspaper, said last week that he believes this is the first time a news organization in Utah has challenged a libel lawsuit under the strengthened anti-SLAPP law. The media lawyers pointed out that the source of much of the material the newspaper used — which Aston now asserts is libel — came from the public record, including Aston’s lengthy litigation history and statements made during Fillmore City Council meetings. The newspaper reported these public facts accurately, the lawyers argue, and that speech is protected by the state constitution and the First Amendment.
The previous anti-SLAPP law, passed more than 20 years ago, could not be used in that case, said Reymann, the media attorney, during the legislative hearing last year. Under the law at that time, a motion to dismiss could only be filed if the speech in question was directed at the legislative or executive branches of government.
“The Chronicle Progress did nothing more than report what was said in City Council meetings,” the filing reads, “and was otherwise in public record — a history apparently would prefer not be known by residents of Fillmore.”
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