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Mississippi News Outlet Seeks Dismissal of Defamation Suit Against Ex-Gov. Phil Bryant

Local News Outlet Defends Against Defamation Lawsuit Amid Corruption Scandal Allegations

A local News Outlet that played a crucial role in uncovering a major public corruption scandal has launched its initial defense against a defamation lawsuit brought by former Mississippi Governor Phil Bryant. The news outlet, known as Mississippi Today, is asserting that its statements were protected under the principles of constitutionally safeguarded speech.

This marks Mississippi Today’s first legal response since Bryant initiated a lawsuit against the outlet and its CEO in Madison County Circuit Court on July 26. The lawsuit alleges that the news outlet defamed Bryant through public comments regarding the alleged misappropriation of $77 million in federal welfare funds. In their response, attorney Henry Laird detailed 19 legal defenses against Bryant’s accusations and also requested the dismissal of the complaint.

“We will vigorously defend this case and ensure the people of Mississippi that the press will not be intimidated,” declared Mississippi Today CEO Mary Margaret White. She emphasized the outlet’s commitment to press freedom and its mission of enhancing public awareness in Mississippi.

Legal Basis for Defense

In its defense, Mississippi Today is leaning on the precedent set by the 1964 case of New York Times Co. v. Sullivan. This landmark decision by the U.S. Supreme Court significantly curtailed the ability of public officials to file defamation lawsuits. The ruling stipulated that news organizations are shielded from libel judgments unless it can be proven that they acted with “actual malice,” either knowingly disseminating falsehoods or demonstrating reckless disregard for the truth.

Bryant’s lawsuit arrived a little over two months after Mississippi Today and journalist Anna Wolfe won a Pulitzer Prize for their investigative coverage of the alleged diversion of welfare funds meant for disadvantaged Mississippi residents, which instead benefited wealthy and influential individuals.

The Corruption Uncovered

Prosecutors have asserted that the state’s human services department allocated funds to non-profit organizations that subsequently utilized the money for projects such as a $5 million volleyball facility at the University of Southern Mississippi. Notably, retired NFL quarterback Brett Favre had been involved in raising money for this project.

In February 2020, Mississippi Auditor Shad White announced criminal charges against six individuals, including John Davis, a former executive director of the Mississippi Department of Human Services who was appointed by Bryant. Davis and others have since pleaded guilty.

Wolfe’s investigative series, “The Backchannel,” shed light on the alleged embezzlement scheme, earning a Pulitzer Prize. An article on Mississippi Today’s website detailing the honor highlighted how Bryant was purportedly implicated in channeling federal welfare dollars for the benefit of his acquaintances and family members.

Central Claims of Defamation

Bryant’s defamation lawsuit primarily hinges on two pieces of communication: the aforementioned announcement and an earlier report by Mississippi Today. Additionally, comments made by CEO Mary Margaret White during a journalism conference are under scrutiny. Bryant’s legal team argues that White’s remarks misrepresented his involvement in the alleged misallocation of welfare funds.

In a letter dated May 11, Bryant asserted that White’s statement at the conference falsely portrayed him as someone who “embezzled” welfare funds. Bryant maintains that he informed the auditor about potential fund mismanagement back in 2019, and no criminal charges have been brought against him.

Ongoing Developments

Bryant’s attorneys contend that due to White’s comments at the Knight Media Forum in February, Bryant suffered substantial financial losses—nearly $500,000 from nine undisclosed clients. These clients allegedly severed business ties with Bryant due to the perceived impact of White’s statements.

While Mississippi Today issued an apology in May, Bryant’s legal team found it insufficient. Notably, former NFL player Brett Favre, although not facing criminal charges, was implicated in a civil lawsuit by the Mississippi Department of Human Services to recover misspent welfare funds.

As Mississippi Today submits its defense against Bryant’s lawsuit, another individual implicated in the scandal, Nancy New, has moved to quash a subpoena from Bryant seeking documents related to his defamation case. New’s attorneys argue that as a public figure, Bryant must prove “actual malice” to support his claims, as established by the New York Times Co. v. Sullivan precedent. They contend that Bryant lacks valid grounds for the requested information.

In the ongoing legal battle, Mississippi Today and its legal team stand firm in their dedication to press freedom and their role in informing the public about matters of importance in Mississippi.

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