SALT LAKE CITY — A Utah law aimed at protecting First Amendment activities had its first hearing before a judge Wednesday – and its last hearing, if the defendants have their way.
“So, if there’s any case, Your Honor, that deserves the protection of the statute, it’s this case,” said Jeff Hunt, a media law attorney representing the Millard County Chronicle Progress. “If there’s any lawsuit that deserves to be dismissed under the statute it’s this one.”
The statute is the Uniform Public Expression Protection Act. Passed in 2023, the Utah Legislature was concerned that lawsuits – and the cost of litigation – were being used to silence First Amendment activities.
The Act provides a legal mechanism for a judge to quickly determine whether slander lawsuits have merit and to dismiss such suits if they don’t. The defendants also have opportunities to recover their legal fees.
The Chronicle Progress is citing the Act as why the lawsuit filed by businessman Wayne Aston should be dismissed.
Hunt on Wednesday told a state judge in Fillmore the Chronicle Progress accurately reported on Aston’s proposal to manufacture modular homes near the Fillmore airport and the concerns expressed by city leaders at a public meeting.
“And this statute,” Hunt said, “clearly gives us the remedy early on to get that lawsuit dismissed so [Chronicle Progress journalists] can keep doing what they’ve been doing for the community.”
Aston claims defamation, contending the Chronicle Progress published “false and defamatory statements,” including about his prior business dealings. The suit asks for “not less” than $19.2 million.
Aston’s attorney, Ryan Frazier, acknowledged in court Aston was asked to attend public meetings so he could answer questions about the project.
“Unfortunately, much of this intent was not set forth in the articles and rather it was an unflattering and frankly defamatory projection of Mr. Aston,” Frazier told the judge.
“And we would ask that the motion [to dismiss] be denied,” Frazier added.
“I am ready to rule,” Fourth District Judge Anthony Howell said at the end of the hearing, “but not in the amount of time I have left today before I have to head to another meeting. I will have a written opinion issued, hopefully within the week.”
Even if Howell rules the Act doesn’t apply, Aston would still have to prove his defamation claims in court.