Eccentric Sued
Jack and Mary Kirk Goehring have filed civil suits against the Middleburg Eccentric, its editor, and its publisher.
In Case Number 107CL00077028-00, filed in the Civil Division of Loudoun County Circuit Court the Goehrings allege that: an article published in the "November 24-December 15, 2011 print edition" of the Eccentric, covering the trial and acquittal of the newspaper's editor constituted "Defamation from Negligent Publication of Falsity;" and that an article published in the "May 29, 2012, digital edition constituted "Defamation from Negligent Publications of Falsity", and "Defamation Published with Constitutional Malice"
The Goehrings requested that the Court award them some $4,700,000 in the case against the newspaper and its Publisher Dan Morrow, and similar amounts in a similar case filed against the Eccentric and its Editor, Dee Dee Hubbard.
Both Hubbard and Morrow stand by the accuracy of the Eccentric's coverage of Hubbard's trial and acquittal of criminal charges and of the subsequent suit for malicious prosecution and defamation filed against the Goehrings by Hubbard and members of her family.
In a demurrer to the Goehring's complaint, Middleburg Attorney Edward B. MacMahon, asserted that the Goehrings' 138-paragraph submission "was so long and confusing that it violates the Plaintiff's obligations to file a brief and concise statement of their alleged claims . . . ." The Court has ordered a replead of the complaint.
MacMahon's demurrer also noted that in their complaint as originally filed, the plaintiffs "have failed to allege all of the elements of a defamation case.
"Plaintiffs, and each of them individually," MacMahon wrote, "fail to cite a single written word [in the first story] that they contend was published and that 'concerns' them that is false. . . ."
"These defendants," he continued, "cannot be sued for accurately reporting the contents of public filings or for reporting public proceedings."
"The claim related to the second article is patently frivolous," the demurrer continues. "The Court can take judicial notice of the lawsuit referenced in the second article and see that it is accurately reported."
MacMahon has requested that the court combine the cases filed against the Eccentric, Hubbard and Morrow into one.
Eccentric Publisher Dan Morrow noted that suits of this kind can be devastatingly expensive to defend and are often, if not always, designed to have a chilling effect on reporters, their editors and their organizations.
"The Eccentric," he observed, "has lived through worse threats to our small newspaper and to those who work on it. We believe in freedom of the press, we stand by our work, and will do our best to continue to publish for years to come."
Morrow has requested that supporters of the paper contribute its legal defense fund.
Checks should be clearly marked, "Eccentric Defense Fund" and sent to the offices of the paper's attorney: Edward B. MacMahon, Jr., 107 East Washington Street, Middleburg, VA 20118.