This has to be a first in Alpena Public School history. Eric Lawson, Alpena Public School Board President, has tried almost everything imaginable to discourage public input at school board meetings and now has most certainly taken an unprecedented step. In an attempt to intimidate the public and suppress feedback, Lawson is advising those addressing the board to seek legal counsel prior to speaking at board meetings to avoid a defamation lawsuit, suggesting he might sue people for the statements they make to the board. To be clear, this is an elected official threatening his constituency.

This is what is important for the public to know. To win a defamation case, an elected official MUST prove all of the following elements to be true:

1. False statement of fact: The statement must be objectively false and not just an expression of opinion.

2. Published to a third party: The statement must have been communicated to someone other than the official.

3. Harmful to reputation: The statement must have caused damage to the official’s reputation or led to some other harm.

4. Actual malice: This is the crucial element for public officials. The official must prove by “clear and convincing” evidence that the person who made the statement either: Knew it was false when they said it or acted with “reckless disregard” for whether it was false or not.

This very high bar of “actual malice” is required in defamation suits an elected official might inflict on their constituency to insure the public can hold elected officials accountable without fear of retribution. The higher standard protects the public from vengeful office holders.

Lawson huffs and puffs. He threatens. He attempts to intimidate and suppress public input but it turns out to be nothing but lukewarm air. There is nothing to fear here.

Diane O’Connor

Alpena