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Dismiss defamation suit against Kari Lake, ASU First Amendment Law Clinic filing says

On Monday, Arizona State University’s First Amendment Clinic filed a motion for a judge to dismiss Maricopa County Recorder Stephen Richer’s defamation lawsuitagainst failed gubernatorial candidate Kari Lake.

Gregg Leslie is the First Amendment Clinic’s executive director, and was part of filing that motion.

“We’re just involved in this as a free speech matter,” Leslie said. “We’re not here to argue the merits of her claims or his defense. We’re just saying that under this law that protects First Amendment interests, we’d like to see this suit get quashed.”

In short, he said: “We’re not here to support left or right causes. We’re here to support free speech.”

Leslie says the motion was filed under Arizona’s Anti-SLAPP law, or "Strategic Lawsuits Against Public Participation." This law protects speech on matters of public concern, like elections, from lawsuits.

Leslie said that no matter what the arguments in this case are, or where they’re coming from, “This is an example of a government official who is suing somebody over statements she made about his official action.”

Which Leslie said makes it fair game for the Anti-SLAPP law.

He added that because Arizona’s Anti-SLAPP law was amended last year and is relatively new, the clinic’s goal is to flesh out procedures for future petitioners.

“What kind of proof is required?” he asked. “And what kind of proof overcomes that?”

Leslie said that the clinic’s actions do not reflect support for Lake on its part, or ASU’s.

“This is not ASU deciding to support Kari Lake,” he said in response to online critics of the filing. “This is one legal clinic at the law school deciding to support a free speech claim.”

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Kirsten Dorman is a field correspondent at KJZZ. Born and raised in New Jersey, Dorman fell in love with audio storytelling as a freshman at the Walter Cronkite School of Journalism and Mass Communication in 2019.