A special state law designed to promote political participation and debate does not give Kari Lake the right to make up facts about Maricopa County Recorder Stephen Richer, promote them, and not have to answer for them, his attorney is arguing.
And Daniel Maynard said the law that Lake is trying to use to toss out the defamation lawsuit even before any evidence is heard is designed only to protect “the lawful exercise of a constitutional right.” But he said that provides no shelter for the one-time gubernatorial hopeful and 2024 U.S. Senate candidate to avoid being held financially liable for making false statements and the damages she caused to Richer and his family.
“There is no constitutional right to make defamatory statements with actual malice,” he said in his filings Monday with Maricopa County Superior Court Judge Jay Adleman.
And Maynard pointed out to the judge that the Arizona Constitution has a specific provision that prohibits any measure that denies someone the right to sue for damages. He said accepting Lake’s argument that she is absolutely protected by the law regardless of the truth or falsity of her statements — and that Richer can’t even get his day in court — would be unconstitutional.
The litigation is over two claims made by Lake in her ongoing argument that she should be declared the governor — or at least the 2022 election she lost to Katie Hobbs by more than 17,000 votes should be rerun — based on various allegations she made about misconduct by...
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