September 22, 2005

Source: The Daily Herald

An American Fork man who sued the American Fork Citizen has been ordered to pay the legal fees the newspaper's former owner incurred fighting the suit, one of the first tests of a 2001 Utah law. The ruling, issued by 4th District Judge Fred D. Howard, is one of the first times someone has used the state's Anti-SLAPP law. The state Legislature passed the law in 2001 to stop lawsuits aimed at interfering or chilling a defendant's participation in government.

On Friday, Howard ruled in favor of the America Fork Citizen and its former owner, Brett Bezzant, in a counterclaim Bezzant filed against Bill Jacob. Howard ordered Jacob to pay Bezzant's legal fees for Jacob's lawsuit and Bezzant's counterclaim. But Jacob's attorney, Randy Spencer, said he had submitted additional material to the judge and anticipated a further ruling.

"Jacob has lost every motion and failed in every argument, but he continues to run up the cost," Bezzant said. "My attorney fees and costs will likely exceed $200,000."

Jacob accused Bezzant of defamation when the newspaper identified Jacob in an editorial as the author of what it called a negative campaign flier inserted in the newspaper the week before the 1999 municipal election.

"We don't believe that the Anti-SLAPP statute applies to the facts of this case," Spencer said. But when the court dismissed Jacob's claim in 2004, the judge ruled that the lawsuit's purpose was to chill the newspaper's "participation in the process of government."

The statute allows a defendant to recover costs and reasonable attorney's fees, upon proof the case was filed without "substantial basis in fact and law." It also allows the defendant to recover other damages if the person can demonstrate the action was filed for the purpose of "harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of rights granted under the First Amendment to the U.S. Constitution."

Media attorney Jeff Hunt, who represented Bezzant in the case, lauded the judge's decision. "It is a significant ruling both for the press and citizens who engage in political speech," Hunt said. "This has been a long, hard battle for Brett. We have been fighting this case almost five years now." Bezzant's case is among the first to be tried under the law, Hunt said.

"I am grateful that the Utah State Legislature recognized the need to protect those who risk speaking out, especially when it is in the public interest," Bezzant said. "Too often in cases like this defendants often opt to settle out of court just because the cost's less than getting a victory," Bezzant said. "Thanks to the Anti-SLAPP statute, the winner won't always be the one with the most money."