A Florida political consultant and defendant in a defamation lawsuit filed by a former West Palm Beach city commissioner has called a recent judicial ruling in the case a victory for free speech.
Circuit Court Judge Glenn Kelley decided that the plaintiff, Shanon Materio, had not provided clear evidence the defendants had acted with actual malice. Materio had argued that consultant Pradeep “Rick” Asnani, his company Cornerstone Solutions and WPB Residents for Integrity in Government Inc. had defamed her while working on behalf of Materio’s opponent in a 2018 political campaign.
The allegations concerned a campaign mailer that accused Materio of maintaining two homestead exemptions, which is a violation of state law, and receiving grant money meant for Port St. Lucie residents with low earnings.
“Having considered the record, the court concludes that the plaintiff has not met her burden to demonstrate that a genuine issue of material fact exists which would allow a jury to find by clear and convincing evidence the existence of actual malice on the part of the defendants,” Kelley wrote in his March 24 decision. “At best, the plaintiff has demonstrated negligence, or a failure to fully investigate, the statements in the mailer. Given the heightened protection afforded the exercise of First Amendment rights in the political arena, this is not enough.”
The decision reflects not only an affirmation of free speech rights in communications involving public officials but a strengthening of a state law targeting strategic lawsuits against public participation (SLAPP), according to Asnani. The judge’s ruling affirms that direct-mail communications now fall under the anti-SLAPP law, he said.
A SLAPP lawsuit is characterized by an intent to intimidate or stifle critics by putting them through costly court proceedings.
“The court has ruled Ms. Materio’s claims were without merit,” Asnani told the Florida Record. “The judge also ruled this was an improper attempt to stifle free speech. The law requires her now to pay our legal fees. This decision should put an end to it.”
Groups supporting the defendants in this case included Americans for Prosperity, Public Participation Project and Florida’s First Amendment Foundation.