Groups file brief in support of Oberlin College, free speech in Gibsons suit

A group of 22 media organizations, publishers and professional associations joined a brief filed last week in support of Oberlin College in its ongoing appeal of the multimillion-dollar legal judgment awarded last year to the Gibson family and Gibson's Bakery in Oberlin. In a brief urging the 9th District Court of Appeals in Akron to overturn the verdict of the jury in last year's trial, the group supports Oberlin College's claim it was protecting students' free speech and did not act with malice toward the family-owned bakery during and following two days of protests in 2016 that led to the yearslong lawsuit and a $30 million-plus judgment against the college. Protesters claimed the bakery had a long history of racial bias toward students and people of color in the Oberlin community, a charge the bakery and the Gibsons denied. No evidence was produced by the college to support the protesters' claims. The organizations signed on to the amicus brief, written by attorney Melissa Bertke of the Cleveland division of the law firm Baker Hostetler, in support of Oberlin College. An amicus brief is named for the term "amicus curiae," which is Latin for "friend of the court" and a legal practice when a person or organization that has a strong interest in the outcome of the case, but is not a plaintiff or defendant, can petition the court in support of either side. "Actual malice" is a legal standard that Lorain County Common Pleas John Miraldi instructed the jury to review when they were determining the intent of the college and its vice president and dean of students, Meredith Raimondo, when considering damages. The Ohio Supreme Court defines "actual malice" as "the state of mind under which a person"s conduct is characterized by hatred, ill will or a spirit of revenge, or ... a conscious disregard for the rights and safety of other." According to a statement by the American Booksellers Association, which signed on to the amicus brief, under Ohio law redistributors such as booksellers, libraries, and occasionally the news media may be held liable for defamation only if they act with actual malice. Further, the brief argues that even if negligence is the appropriate standard for defamation, Ohio requires clear and convincing evidence of negligence. "Booksellers and libraries collect and curate books authored by writers coast to coast and make them available to the public in their communities," the ABA wrote. "The news media redistributes advertisements and circulars written by individuals outside the news organization." Oberlin College and Raimondo argue in their appeal that "they, too, were redistributing the speech at issue in this case." Under Ohio law, a court or jury must find that redistributors of literature or other materials are liable for defamation only if they act with actual malice. Jurors found unanimously that the defendants acted with libel actual malice when publishing the alleged defamatory statements against the Gibsons and actual malice when the college intentionally inflicted emotional distress on David Gibson and Allyn W. "Grandpa" Gibson. The parties in the amicus brief "are concerned that the verdict in this case could set a precedent under which those who merely disseminate others' speech risk defamation liability unless they independently verify its accuracy, even if they have no reason to doubt its veracity." Other companies, organizations and groups joining the amicus brief — and a brief synopsis of each, from their websites and other sources — were: The Reporters Committee for Freedom of the Press, an organization that "provides pro bono legal representation, amicus curiae support, and other legal resources to protect First Amendment freedoms and the newsgathering rights of journalists;" The Freedom to Read Foundation, "a nonprofit legal and educational organization affiliated with the American Library Association" that "protects and defends the First Amendment to the Constitution and supports the right of libraries to collect — and individuals to access — information;" Advance Publications Inc. (parent company of The Plain Dealer and Cleveland.com, the Discovery Channel, Conde Nast and Wired) Cox Media Group, a radio conglomerate the E.W. Scripps Company, a broadcasting conglomerate Gannett Co. Inc., (parent company of USA Today, The Columbus Dispatch, the Cincinnati Enquirer, the Akron Beacon Journal, the Canton Repository and the Kent/Ravenna Record-Courier, among many other newspapers) the International Documentary Association, which "supports the vital work of documentary storytellers and champions a thriving and inclusive documentary culture;" the Investigative Reporting Workshop at American University, a journalism project focused on "government and corporate accountability," that produces investigative journalism; The Media Institute, a "non-partisan organizations that focuses on the First Amendment and communications policy," according to its website; MediaNews Group Inc. (parent company of The Boston Herald, the Denver Post, the Detroit News, the Orange County [California] Register and the St. Paul Pioneer Press, among many other newspapers); the MPA: The Association of Magazine Media, a trade association formerly known as the Magazine Publishers Association; the National Press Photographers Association, a professional association for photojournalists and videographers; The News Leaders Association — formerly the American Society of News Editors and the Associated Press Media Editors — which "aims to foster and develop the highest standards of trustworthy, truth-seeking journalism; to advocate for open, honest and transparent government; to fight for free speech and an independent press; to nurture the next generation of news leaders committed to spreading knowledge that informs democracy;" the Ohio Association of Broadcasters the Ohio Coalition for Open Government the Online News Association, which bills itself as "the world's largest digital journalism association" and aims "to inspire and support innovation and excellence in digital journalism;" the Radio Television Digital News Association the Society of Environmental Journalists the Society of Professional Journalists, "dedicated to encouraging the free practice of journalism and stimulating high standards of ethical behavior;" the Tully Center for Free Speech at Syracuse University's Newhouse School, which "promotes and supports free speech through research, education and a series of events, including the annual Tully Award for Free Speech," and The Washington Post Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him at @daveobrienCT on Twitter.