Please ensure Javascript is enabled for purposes of website accessibility

A First Look at Fresno State’s Quarterback Battle

6 hours ago

Israeli Columnist Alleges Ethnic Cleansing Plan in Gaza

6 hours ago

Tesla to Roll out Bay Area Robotaxis With Safety Drivers, Report Says

7 hours ago

Thailand and Cambodia Exchange Heavy Artillery Fire as Border Battle Expands

8 hours ago

California Cannot Require Background Checks to Buy Ammunition, US Appeals Court Rules

1 day ago

TikTok Will Go Dark in US Without Chinese Approval of Sale Deal, Lutnick Says

1 day ago

Fresno County Authorities Still Searching for Missing Mother and Infant

1 day ago
Press Freedom Advocates Troubled by Suit Against Iowa Paper
gvw_ap_news
By Associated Press
Published 6 years ago on
September 21, 2019

Share

DAVENPORT, Iowa — The former administrator for Iowa’s third-largest city is suing the area’s biggest newspaper, claiming that its coverage was unfair and cost him his job, in a case that has alarmed advocates for press freedom.

“It could have a significant chilling effect on the media if they can be sued for their news gathering activity when the reporting happens to lead to results like this.” — attorney Sarah Matthews, of the Reporters Committee for Freedom of the Press
Former Davenport city administrator Craig Malin’s lawsuit against the Quad-City Times is set to go to trial on Monday. He argues that the paper published false news and opinion pieces about his official actions, which forced him out after 14 years with the city.
The trial will not be a traditional libel case because a judge has ruled that Malin, as a public official, did not meet the high bar for proving the newspaper had defamed him. Instead, the case will be about whether the paper improperly interfered with Malin’s employment contract, a claim that has a different standard of proof and is usually used in business disputes.
The newspaper’s reporting on Davenport’s handling of financial negotiations in 2015 for a new casino prompted the mayor to call for the termination of Malin, who left days later after negotiating a severance agreement. The newspaper has defended its coverage as accurate watchdog journalism and opinion protected by the First Amendment.
Press freedom experts say the case is troubling because courts have generally not allowed public officials to bring such claims to bypass the media’s constitutional protections.
“It could have a significant chilling effect on the media if they can be sued for their news gathering activity when the reporting happens to lead to results like this,” said attorney Sarah Matthews, of the Reporters Committee for Freedom of the Press.
The trial comes against a backdrop of declining local news coverage and attacks on the media by President Donald Trump. A judge has barred Malin’s lawyers from using the term “fake news” to incite jurors.

Plaintiff Now City Manager in Seaside, California

Malin, now the city manager in Seaside, California, said his lawsuit is “anything but an attack on journalism.” He said the evidence will show that the newspaper’s opinion page editor, news columnist and city reporter created a false narrative to push for his firing.
“We rely on newspapers to tell the truth. That’s all I’m asking for,” said Malin, who claims he has lost job opportunities and been forced to live far from his Iowa-based family.
Malin claims the “personal attacks” were the culmination of a yearlong campaign that began after his decision to start Davenport Today, a city-funded news site that employed two former Quad-City Times reporters. The newspaper’s editorials blasted the city-backed site as taxpayer-funded propaganda. The city abandoned it after Malin’s departure.
Ian Russell, a lawyer for the newspaper and its parent company, Lee Enterprises, said the staff didn’t target Malin but worked in a professional manner to inform the public about how city tax dollars were spent. He said Malin’s claims stem from “dissatisfaction with coverage of his actions and frustration over his unsuccessful attempts to influence his portrayal in that coverage.”
Judge Henry Latham is expected to rule before trial on whether the newspaper can use a First Amendment defense. That would require Malin to prove “actual malice” — that the newspaper knowingly published false information. Malin’s lawyers argue that they shouldn’t have to prove malice and that the paper should be barred from discussing its constitutional protections.
The dispute dates to 2015, when the newspaper reported that aldermen contended they had unwittingly voted to require the city to pay for grading work for a new casino. They told the paper they thought they were only approving the costs of extending a road, not also to grade the lot on which the casino would sit.
[activecampaign form=29]  

After His Requests for Corrections Were Denied, Malin Filed Suit in 2017

The mayor at the time, Bill Gluba, called for the council to remove Malin and the city attorney, saying they had overstepped their authority during negotiations. Malin said he and the city attorney had a misunderstanding about whether grading costs were included in the final agreement, which he called a good overall deal.
After initial stories by reporter Brian Wellner, columnist Barb Ickes criticized Malin for increasing costs to taxpayers and refusing to give straight answers. Editorials urged aldermen to investigate and hold Malin accountable or face a backlash from voters. The council and Malin negotiated a severance package in which Malin received a payout and agreed not to sue.
The city later paid grading costs of $1 million. Still, Malin claims the newspaper’s publications falsely implied that he misled or failed to inform aldermen, causing him to lose support.
“They were targeting Craig Malin and their audience was the city council,” said Malin attorney Richard Pundt, who will argue that the conduct was outrageous and seek punitive damages.
Wellner, who was laid off in 2017, has defended his scoop as well-researched, testifying in a deposition that he interviewed aldermen, Malin and others over many days “to get at the bottom of the issue.”
After his requests for corrections were denied, Malin filed suit in 2017. Judge Nancy Tabor dismissed Malin’s defamation claim, saying he failed to prove any reputational harm. But she allowed his contract claim to proceed and the Iowa Supreme Court declined to hear the newspaper’s appeal before trial.

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Tulare Officer Injured in Crash While Trying to Save Unresponsive Infant. Child Dies at Hospital

DON'T MISS

PBS Has a Future by Leaving the Past Behind: Opinion

DON'T MISS

Fresno Council Candidate Rassamni Says City Is Investigating Him Amid Allegations by Arias

DON'T MISS

Fresno First Responders Talk Person Down off Parking Garage Ledge

DON'T MISS

Oregon Schools Face Federal Probe Over Transgender Athletes

DON'T MISS

US Judge Reaffirms Nationwide Injunction Blocking Trump Executive Order on Birthright Citizenship

DON'T MISS

White House Will Release $5.5 Billion for Schools, After Surprise Delay

DON'T MISS

Kern County Fire Issues Evacuation Warnings for Pearl Fire Near Lake Isabella

DON'T MISS

Gaza Running out of Specialized Food to Save Malnourished Children

DON'T MISS

New Madera Bypass Project Aims to Ease Traffic on Highway 41 Near Tesoro Viejo

UP NEXT

White House Will Release $5.5 Billion for Schools, After Surprise Delay

UP NEXT

US States to Get $608 Million From FEMA to Build Migrant Detention Centers

UP NEXT

Trump: Strong Dollar Sounds Good but ‘You Make a Hell of a Lot More’ With a Weaker One

UP NEXT

Trump Says US May Not Have a Negotiated Trade Deal With Canada

UP NEXT

Trump Says There Is a 50-50 Chance of Trade Deal With EU

UP NEXT

Amid Epstein Furor, Ghislaine Maxwell Seeks Relief From US Supreme Court

UP NEXT

US Justice Department Official Meets Epstein Associate Maxwell

UP NEXT

Lara Trump Skips North Carolina US Senate Race, Clears Way for Cooper Versus Whatley

UP NEXT

Michael Whatley, RNC Chair, to Run for Senate in North Carolina

UP NEXT

Video-Sharing App Vine Is Returning ‘in AI Form’, Musk Says

Fresno First Responders Talk Person Down off Parking Garage Ledge

1 hour ago

Oregon Schools Face Federal Probe Over Transgender Athletes

2 hours ago

US Judge Reaffirms Nationwide Injunction Blocking Trump Executive Order on Birthright Citizenship

3 hours ago

White House Will Release $5.5 Billion for Schools, After Surprise Delay

3 hours ago

Kern County Fire Issues Evacuation Warnings for Pearl Fire Near Lake Isabella

4 hours ago

Gaza Running out of Specialized Food to Save Malnourished Children

4 hours ago

New Madera Bypass Project Aims to Ease Traffic on Highway 41 Near Tesoro Viejo

5 hours ago

Key Player in California’s Water Wars Embraces Controversial Newsom Plan

5 hours ago

A First Look at Fresno State’s Quarterback Battle

6 hours ago

Israeli Columnist Alleges Ethnic Cleansing Plan in Gaza

6 hours ago

Tulare Officer Injured in Crash While Trying to Save Unresponsive Infant. Child Dies at Hospital

A Tulare police officer was injured in a traffic collision Friday while responding to a medical emergency involving an unresponsive infant, ...

15 minutes ago

15 minutes ago

Tulare Officer Injured in Crash While Trying to Save Unresponsive Infant. Child Dies at Hospital

Signs supporting NPR outside its headquarters in Washington on March 26, 2025. The Trump administration has accused NPR and PBS of using public funds to produce biased coverage and “left-wing propaganda.” (Eric Lee/The New York Times)
1 hour ago

PBS Has a Future by Leaving the Past Behind: Opinion

AJ Rassamni and Miguel Arias blackstone
1 hour ago

Fresno Council Candidate Rassamni Says City Is Investigating Him Amid Allegations by Arias

Fresno first responders spent over two hours safely rescuing a person in crisis from the edge of a downtown parking garage Friday, July 25, 2025,morning. (Fresno FD)
1 hour ago

Fresno First Responders Talk Person Down off Parking Garage Ledge

United States Department of Education logo and U.S. flag are seen in this illustration taken April 23, 2025. (Reuters File)
2 hours ago

Oregon Schools Face Federal Probe Over Transgender Athletes

President Donald Trump speaks to the media, after the U.S. Supreme Court dealt a blow to the power of federal judges by restricting their ability to grant broad legal relief in cases as the justices acted in a legal fight over President Donald Trump's bid to limit birthright citizenship, in the Press Briefing Room at the White House in Washington D.C., June 27, 2025. (Reuters File)
3 hours ago

US Judge Reaffirms Nationwide Injunction Blocking Trump Executive Order on Birthright Citizenship

Students head to the buses at the end of the day at a high school in Cedar Hill, Mo., on Sept. 14, 2022. The White House will release $5.5 billion in frozen education funds, administration officials announced on Friday, July 25, bringing an end to a chaotic saga of the administration’s making, which had sent school districts scrambling with weeks to go before the school year. (Whitney Curtis/The New York Times)
3 hours ago

White House Will Release $5.5 Billion for Schools, After Surprise Delay

Kern County fire officials have issued evacuation warnings for two zones near Lake Isabella as the Pearl Fire threatens the area. (Kern County FD)
4 hours ago

Kern County Fire Issues Evacuation Warnings for Pearl Fire Near Lake Isabella

Help continue the work that gets you the news that matters most.

Search

Send this to a friend