‘Cannot dictate every word a journalist uses’: Associated Press asks judge to toss defamation lawsuit filed by Navy veteran who beat CNN — insists overall article ‘is positive’

The Associated Press connected Monday asked a justice to disregard U.S. Navy seasoned Zachary Young‘s defamation suit against the ligament service, saying his claims infringe connected “the rights of escaped speech.”

In a 21-page question to disregard oregon question for summary judgment, the AP claims Young’s suit is without “legal merit” and that it runs afoul of Florida’s anti-SLAPP — oregon strategical suit against nationalist information — law, which tin enactment a speedy extremity to a defamation suit if a tribunal determines said suit is an effort to chill escaped speech.

In January, Young won astatine slightest $5 cardinal aft successfully suing CNN for defaming him during a broadcast astir his backstage concern efforts to evacuate radical from Afghanistan arsenic the war-torn state was overrun by the Taliban. That proceedings ended successful Young’s favor, but the parties yet settled earlier jurors could determine connected what appeared apt to beryllium a important sum successful punitive damages.

Now, Young is asking for different Bay County assemblage to measure a akin punishment against the AP for the mode they reported connected his victory.

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In his underlying lawsuit, Young took contented with the phraseology employed by media newsman David Bauder when helium wrote: “Young’s concern helped smuggle radical retired of Afghanistan.”

“In its article, AP published the defamatory statement, with existent malice, that Mr. Young’s concern ‘helped smuggle radical retired of Afghanistan,'” the archetypal ailment filed successful the 14th Judicial Circuit Court reads. “This connection is categorically false. At the clip of publication, AP knew oregon recklessly disregarded that a Florida tribunal had already ruled Plaintiff committed nary transgression successful transportation with the Afghanistan evacuations. Mr. Young ne'er ‘smuggled’ anyone.”

The news-gathering enactment insists the suit is off-base and rubbishes “Young’s effort to isolate a azygous connection from the Article to ascribe to it a meaning other to what it reasonably conveys.” The AP besides says this effort by the plaintiff is “impermissible nether Florida law.”

“Literally, the full nonfiction was astir the jury’s favorable reception of Young’s claims successful the CNN case,” the question to disregard reads.

In their filing, the AP says the nonfiction is protected by the just study privilege nether Sunshine State law, which “safeguards the quality of the property to study astir ineligible and different authoritative proceedings.”

“Florida courts person made wide that the privilege indispensable beryllium construed broadly, and that, nether the privilege, a plaintiff cannot dictate each connection a writer uses to screen a proceeding,” the question goes on. “In this case, the Article provided an close overview of the Young v. CNN proceeding, including of some the substance of Young’s allegations and the favorable result helium achieved successful the case. Young cannot decision the privilege based connected a strained speechmaking of a azygous connection divorced from its context.”

From the question to dismiss, astatine length:

The wide and unmistakably connection of the Article is affirmative toward Young. The Article not lone conveyed that helium prevailed successful his defamation suit against CNN by winning a multi-million dollar assemblage verdict, it besides made wide that helium specifically received vindication connected his contention that CNN falsely “implied helium was progressive successful thing illegal.” The Article also, successful its precise archetypal sentence, characterized the concern activities of Young’s that were addressed successful CNN’s reporting arsenic involving “help[ing] rescue endangered Afghans.” And, the Article included a punctuation from Young’s ain proceedings lawyer stating that, arsenic a effect of the jury’s verdict successful Young’s favor, helium “feels heard successful a mode that helium hasn’t felt for implicit 3 years.” Thus, acold from defaming Young, the unmistakable take-away from the Article was that Young had been vindicated successful a defamation suit successful which helium claimed helium had done thing illegal.

To that end, the ligament work says, the suit should beryllium tossed due to the fact that the nonfiction “cannot beryllium reasonably work to convey thing defamatory astir Young,” is “not actionable arsenic a substance of law,” and is an affront to the “right of escaped code successful transportation with a nationalist issue.”

“It is premised connected the facially implausible contention that The AP made the nonstop aforesaid accusation — that Young had engaged successful transgression activities successful transportation with his Afghan evacuations — that the Article made wide a assemblage had rejected successful the CNN case,” the question to disregard reads.

In additional filings, including an amended ailment adding a assertion for punitive damages, Young’s attorneys cited respective twelve instances successful which the connection “smuggle” — arsenic good arsenic iterations similar “smugglers” and “smuggling” — were utilized by the AP “to connote transgression activity.” Young besides says the AP understood the word to connote arsenic overmuch successful their nonfiction astir him and this usage occurred “deliberately, not carelessly.”

In work of their argument, the AP cited a enactment of their ain articles wherever the presumption “smuggle” and “smuggling” are utilized to picture lifesaving efforts during the Nazi Holocaust and successful the antebellum United States.

“Presumably, Young would hold that nary of these articles defamed its taxable by utilizing the connection ‘smuggle’ with notation to the rescue activities described therein,” the AP argues. “The aforesaid applies here.”

Again, the quality enactment insists discourse is key.

“In context, the phrases ‘a U.S. Navy seasoned who helped rescue endangered Afghans,’ ‘extracting Afghans pursuing the Taliban takeover,’ and ‘helped smuggle radical retired of Afghanistan’ each conveyed lone that Young was evacuating radical retired of Taliban-controlled Afghanistan, which (as Young himself testified astatine trial) needfully progressive furtive and risky activity,” the question to disregard continues. “That is not defamatory, particularly successful the discourse of an Article astir however helium had prevailed successful a defamation suit successful which helium accused CNN of falsely characterizing his evacuations arsenic transgression oregon immoral.”

In comments to Fox News, Young’s attorney, Daniel Lustig, savaged the AP’s arguments.

“If this feels familiar, it’s due to the fact that it is,” Lustig said. “The lone happening that’s changed is the logo connected the letterhead. AP called Mr. Young a quality smuggler, broadcast it astir the world, and present assertion they meant it successful a bully way. When helium asked them to close a azygous word, they refused.”

Young is seeking upward of $435 cardinal successful combined damages.