CHARLESTON — The West Virginia Supreme Court of Appeals found that a law firm did not engage in illegal conduct when it published a recording provided to the firm by the mother of a special education student.
Justice Tim Armstead authored the majority opinion. Justice Bill Wooton concurred.
"Even when we assume all facts as alleged are true, Petitioners have made insufficient factual allegations to withstand a motion pursuant to Rule 60(b) of the West Virginia Rules of Civil Procedure," Armstead wrote. "We find that the circuit court did not err in finding that the social media and internet posts by Preston and Salango PLLC were afforded the full protection guaranteed by the First Amendment and our state constitution for speech relating to matters of public concern."
Salango
One of the attorneys involved praised the ruling.
"We're pleased that the West Virginia Supreme Court affirmed the dismissal of this lawsuit," Ben Salango told The West Virginia Record. "From the beginning, we maintained that the media stories and blog posts were protected by the First Amendment, and the circuit court and Supreme Court agreed."
Jane Yurish and Kristen Douty were employed by the Berkeley County Board of Education at Berkeley Heights Elementary School. The mother of a special education student, A.P., hid a secret audio recording device in A.P.'s hair and then edited the recordings she made into one to two-minute clips and provided the clips to Preston and Salango, as well as multiple media agencies.
The audio clips purported to show the petitioners physically and verbally abusing students. Yurish and Douty argued that the media companies and law firm knew that the footage came from a secret recording.
"Thereafter, the circuit court entered an order denying relief to Petitioners but did clarify the circuit court’s reasoning regarding its determination that Preston and Salango, PLLC’s, publication of the recording was not commercial speech," the opinion states. "It is from the circuit court’s grant of the motion to dismiss and subsequent denial of the Rule 60(b)motion that Petitioners appeal."
The complaint named Preston and Salango; Sinclair Broadcasting; Barrington Broadcasting; Cunningham Broadcasting; Deerfield Medica, GoCom Media of Illinois; Gray Television; Howard Stirk Holdings; Robert's Media; E.W. Scripps Company; Thomas Broadcasting; and RSV NG as defendants.
West Virginia Supreme Court of Appeals case number: 20-0722