Krass v. Obstacle Racing Media, LLC, et al., 19-cv-05785 (N.D. Ga.)
The First Amendment Clinic and pro bono counsel from BakerHostetler are fighting to protect the press freedoms of independent journalist Matthew Davis. Davis was sued in late 2019 for defamation after his news website Obstacle Racing Media, LLC (ORM) published a well-sourced article shining light on a pattern of alleged inappropriate conduct of a sexual nature by a prominent figure within the obstacle racing community. The Clinic joined with pro bono counsel in moving to dismiss the defamation action against Davis and ORM for failure to state a claim. The motion was denied and months of discovery ensued. BakerHostetler and the Clinic have now moved for summary judgment, defending Davis’ right to publish. His accurate reporting on a matter of public concern is core First Amendment activity.
Brief in Support of Motion to Dismiss (PDF)
Exhibit 1 to Motion to Dismiss (PDF)
Exhibit 2 to Motion to Dismiss (PDF)
Opposition to Motion to Dismiss (PDF)
Reply Brief in Support of Motion to Dismiss (PDF)
Order Denying Motion to Dismiss (PDF)