The Mississippi Supreme Court heard oral arguments Wednesday on whether to revive a defamation lawsuit filed by former Gov. Phil Bryant against Mississippi Today. The case centers on whether a lower court judge correctly dismissed the lawsuit stemming from reporting on a welfare scandal in the state.
During the hearing, two justices questioned whether a jury should decide if the nonprofit news organization defamed Bryant. Chief Justice Michael Randolph asked an attorney for Mississippi Today why the case shouldn’t go to a jury, suggesting that such decisions typically rest with a jury rather than a judge. Bryant did not attend the hearing and has not been charged with any crimes related to the scandal.
Mississippi Today’s attorney, Lee Crain, argued that a judge could dismiss the case if the complaint lacked legal merit or failed to prove actual malice. Justices also expressed concern about whether the procedural steps used by the lower court were appropriate. The justices did not question the accuracy of Mississippi Today’s reporting but focused on whether the case was properly dismissed.
If the majority of justices find the lower court erred, they could send the case back to Madison County Circuit Court for further proceedings. This could involve additional motions, evidence gathering, and potentially a jury trial. Bryant filed the lawsuit after Mississippi Today published a series called “The Backchannel,” which examined alleged misappropriation of nearly $100 million in welfare funds during Bryant’s tenure as governor.
The reporting, led by journalist Anna Wolfe, investigated how federal welfare dollars were diverted to projects involving high-profile figures, including former NFL player Brett Favre. The scandal has led to multiple guilty pleas and ongoing federal trials related to corruption. Bryant filed his lawsuit against the news outlet and its CEO, Mary Margaret White, claiming defamation but not challenging the accuracy of the reporting itself.
The legal dispute hinges on whether Mississippi Today’s coverage was made with “actual malice,” a standard in defamation law that requires proof the statement was known to be false or made with reckless disregard for the truth. Bryant emphasizes he has not been charged with any wrongdoing, and his lawyers argue that the statements went beyond protected journalistic comment.
Attorneys noted that Bryant’s federal lawsuit against the publication was dismissed earlier by a federal judge and is pending appeal. Mississippi Today’s defense maintains that their reporting was truthful and well-supported, emphasizing the importance of press freedom. Justice Leslie King was absent from the hearing, but the court’s decision is not expected immediately.
Only seven justices are currently on the court, following recent confirmations of two justices to federal judgeships. The court’s ruling could clarify legal standards for defamation suits involving public figures in Mississippi, but a decision is not yet scheduled.
Jon Ross Myers is the executive editor and publisher of the Mississippi News Network, Mississippi's largest digital only media company. He can be reached at editor@tippahnews.com
