Wyoming campaign mailers prompt defamation lawsuit
Ahead of Wyoming's Aug. 20 primary, interparty fighting is in full swing after two state Republican lawmakers filed a defamation lawsuit against a political action committee directly connected with the state's Freedom Caucus for false statements.
Reps Cody Wylie (R-Sweetwater County) and J.T. Larson (R-Sweetwater County) were stunned when voters in the state's largest county, Sweetwater, started receiving mailers claiming that they had either voted to remove Republican presidential nominee Donald Trump from or off the ballot.
At issue: the votes never happened.
"We never had a vote to take Donald Trump off the ballot in Wyoming," said Larson. "And if we did have a vote to do that, I would have voted against taking him off."
More: This state ain't big enough for the both of us: Wyoming's Republican primary showdown
The lawsuit reiterates both candidates' support for former President Trump, alleging that the PAC knew its allegations against Larson and Wylie were false and that the statements were made with "actual malice," a crucial component in libel lawsuits.
"The purpose of this case is for our courts to make a determination of where that line needs to be drawn when making political speech," Larson said. "I'm a full supporter of freedom of speech, but when there are lies made about somebody that can impact their reputation, then where do you draw that line? That's the question."
In a call with USA TODAY, Freedom Caucus Chairman John Bear (R-Campbell County) stood behind the mailers and added that the WY Freedom PAC had not yet been served. He decried the lawsuit from fellow Wyoming Republicans as part of a weaponization of "lawfare" against conservatives.
"This is typical activity of the left. This is how President Trump ended up with 34 indictments and eventually being shot in the ear," Bear said.
Bear added that the basis of the mailers was not on a bill introduced, but a budget footnote instead, adding that legislating through footnotes into the budget is a way for "insiders" in the Wyoming legislature to "obfuscate and hide their votes."
The footnote, which did not make it into the final budget and was never put to a vote, sought to require Wyoming's Secretary of State Chuck Gray to obtain legislative permission before engaging in litigation outside the state.
Clark Stith (R-Rock Springs), a member of the more moderate Wyoming Caucus and the attorney filing suit on behalf of Larson and Wylie, says this explanation doesn't carry weight.
"To suggest that somehow Donald Trump needed to be saved by the Wyoming Secretary of State is just ludicrous," Stith said. "I support Donald Trump. You know this vote had nothing to do with Donald Trump."
During a recent committee meeting, Cowboy State lawmakers asked Secretary of State Gray about voter concerns about misinformation in election material and his office's lack of action. Gray defended the mailers, stating the truth is "in the eye of the beholder" and characterized them as a normal part of politics.
"Political life, there's always been a vibrant back and forth. And the idea that the media tries to create, that this is new? I just highly disagree with it," Gray said. "This is our kids and grandkids' future. The stakes are incredibly high."
Cy Neff reports on Wyoming politics for USA TODAY. You can reach him at cneff@usatoday.com or on X, formerly known as Twitter, @CyNeffNews
This article originally appeared on USA TODAY: Wyoming politicians file defamation lawsuit over campaign mailers