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The County Board Meeting in Wausau, Wis., on Aug. 12, 2021, created a contentious atmosphere as community members clashed over a diversity and inclusion resolution. This disagreement quickly escalated into a bitter legal battle that threatens the financial stability of one of the few remaining local news sources in the area. Unfortunately, this case is not unique and highlights a concerning trend of wealthy individuals using defamation law as a tool for retaliation.

During the meeting, it was reported by The Wausau Pilot & Review, based on a reader’s tip, that Cory Tomczyk, the owner of a shredding and recycling company and now a Republican state senator, referred to a 13-year-old boy as a derogatory term. Mr. Tomczyk vehemently denied using the slur and demanded a retraction from the publication. When The Pilot & Review stood by its article, Mr. Tomczyk decided to file a defamation lawsuit against them.

As the case unfolded, three additional individuals who attended the meeting came forward and provided sworn statements confirming they heard Mr. Tomczyk use the offensive word. Furthermore, during a deposition, Mr. Tomczyk admitted using the word on other occasions. Despite this evidence, the judge dismissed the lawsuit, ruling that Mr. Tomczyk had not met the legal standard for proving defamation.

However, this dismissal did not resolve the financial burden placed on The Pilot & Review. As a nonprofit organization, they have already accrued nearly $150,000 in legal fees from the case. Mr. Tomczyk has filed an appeal, further exacerbating the publication’s financial strain. Shereen Siewert, the founder and editor, expressed her concerns about how to sustainably pay her lawyers and staff of four, as the bills continue to mount.

This issue extends beyond individual cases. In recent years, politicians have become increasingly willing to condemn media outlets they perceive as adversarial, going as far as banning reporters from events, launching social media attacks, or labeling them as “enemies of the people.” Some public officials now resort to defamation lawsuits as a means of retaliation. Notable examples include former President Donald J. Trump’s unsuccessful defamation suits against news organizations, as well as lawsuits initiated by other prominent Republicans like Devin Nunes and former Gov. Phil Bryant.

The Wisconsin case serves as a cautionary example of the unintended consequences of defamation lawsuits on media outlets, particularly small local organizations that struggle financially. These lawsuits have the potential to force these outlets out of business, despite there being little or no evidence of false reporting or “actual malice,” the established burden of proof for public officials in defamation suits.

The predicament faced by The Pilot & Review is disheartening, considering its reputation as a reliable and diligent source of local news. The publication played a vital role in filling the void left by national media chains that downsized their local journalism presence. Prior to the lawsuit, The Pilot & Review even had plans to expand its coverage to smaller neighboring communities.

The situation unfolded after the incident during the County Board Meeting. To verify the events, Ms. Siewert sought confirmation through diligent reporting. She obtained a Facebook message from the mother of the 13-year-old boy, who had attended the meeting to support her son. In the message, the mother expressed her shock and anger at hearing the offensive term from an unknown man, later identified as Cory Tomczyk. This message, along with subsequent conversations with the mother, convinced Ms. Siewert of the accuracy of the story before publishing it.

Furthermore, Mr. Tomczyk himself has admitted using the word in the past, as stated in court documents. Despite this, he argued that the article intentionally damaged his reputation, citing testimony from a woman who sat next to him during the meeting but claimed to have not heard him say anything derogatory. He also pointed out that no journalists from The Pilot & Review were present at the meeting and that their reporting relied on the accounts of others who were there.

The legal landscape in Wisconsin and several other states offers limited recourse to combat baseless lawsuits aimed at punishing media organizations. Media lawyers warn that the current political climate has emboldened conservatives to pursue these lawsuits for political gain, even if there is a high likelihood of their cases being dismissed. This trend creates a chilling effect on journalists and anyone considering writing on similar subjects, as the potential damages and legal costs can be astronomical.

In communities like Wausau, the impact of these lawsuits is magnified due to the already diminished local media landscape. Many local news organizations have suffered from severe cutbacks and closures over the past decade. In this environment, publications like The Pilot & Review are often the last remaining sources of reliable local news.

First Amendment advocates argue that this pattern can be replicated easily: a dissatisfied public official sues, leading to exorbitant costs for the media outlet. The vulnerability that news organizations face from such lawsuits is tremendous, and the threat of being sued into oblivion looms large.

In this context, AI legalese decoder can play a crucial role in supporting news organizations like The Pilot & Review. With its advanced natural language processing capabilities, the AI-powered tool can assist in analyzing the legal implications of news articles, identifying potential defamation risks, and providing guidance in avoiding contentious statements. By leveraging AI technology, news outlets can mitigate the legal threats they face while protecting the integrity of their reporting.

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