Defamation Suit Dismissed at Summary Judgment

Community advocate Rev. Evelyn Morrison regularly addresses the Reading City Council on public corruption. When a former Parking Authority director sued her for defamation, claiming her remarks were false and damaging, Partner Ed Sweeney stepped in.

Key Issues

• First Amendment, U.S. Const. amend. I. Citizens have an absolute right to petition government bodies.
• Public-concern speech. Statements made during council meetings enjoy heightened protection; plaintiffs must prove “actual malice” (New York Times v. Sullivan).
• Pennsylvania Constitution, Art. I § 7. Reinforces free speech in public forums.

Strategy & Result

• Targeted discovery. Sweeney deposed key city officials to establish the public-concern context.
• Intensive briefing. After multiple depositions, the team moved for summary judgment.
• Ruling. Judge James Gavin (Berks County Court of Common Pleas) ruled the plaintiff could not meet the constitutional “actual malice” standard and dismissed all claims with prejudice.

Why It Matters

The decision affirms that Pennsylvanians may criticize government entities without fear of retaliatory lawsuits, a cornerstone of democratic oversight.

Past results do not guarantee future outcomes. Every case is unique, and recoveries depend on specific facts and applicable law.