Alpha News (on whose board I sit) is among the defendants sued for defamation by Minneapolis Police Department Assistant Chief Katie Blackwell. The claim against Alpha News arises from its posting of The Fall of Minneapolis. The documentary was produced by Liz Collin and based substantially on the reporting Liz did for her book They’re Lying: The Media, the Left, and the Death of George Floyd. Liz is the multi-Emmy Award-winning former reporter and anchor for the local CBS affiliate. She now works for Alpha News.
Blackwell testified for the state in the prosecution of Derek Chauvin for murder in the case arising from George Floyd’s death. The book and film impugn the accuracy of Blackwell’s testimony at the Chauvin murder trial. In her testimony Blackwell asserted that the knee-on-neck restraint Chauvin used on Floyd was not trained by the department. The documentary is accessible for free at the link. The testimony in issue appears in the video at 1:00:03-1:00:32.
Minneapolis attorney Chris Madel represents the defendants Blackwell has sued. He is a fierce advocate. We assert every applicable defense including truth and the First Amendment. Sources and references for the film are here. Chris has also introduced the declarations of 34 Minneapolis police offers specifically refuting Blackwell’s testimony regarding the knee-on-neck restraint.
Yesterday morning Hennepin County District Judge Edward Wahl heard three hours of argument on defendants’ motion to dismiss Blackwell’s case as a matter of law under the framework established by Minnesota’s newly enacted Uniform Public Expression Protection Act (UPEPA), Minn. Stat. § 554.07 et seq. Under section 554.08, the statute provides a procedure to secure expedited relief against claims premised on the “exercise of the right of freedom of speech or of the press…” UPEPA inarguably applies to this case.
Judge Wahl heard three hours of argument on defendants’ motion to dismiss Blackwell’s case. Alpha News editor Anthony Gockowski has an excellent account of the hearing in “Judge hears motion to dismiss defamation lawsuit against Alpha News, Liz Collin.” Subhead: “Alpha News attorney Chris Madel repeatedly argued that MPD Assistant Chief Katie Blackwell’s attorneys responded to the motion by presenting ‘nothing.'” As Bob Dylan might put it, too much of nothing warrants dismissal of the case. Anthony’s story includes the video below of Chris meeting the press with Liz after the hearing.
Alpha News and @lizcollin attorney Chris Madel after today's court hearing: 'Katie Blackwell didn't even show up to court today. That should show you exactly who Katie Blackwell is and how strong she thinks her case is.' pic.twitter.com/rqVARqC4jS
— Alpha News (@AlphaNewsMN) February 7, 2025
Alpha News is the thinking man’s alternative to the Star Tribune. The Star Tribune’s Jeff Day reported on the hearing in “Packed courtroom listens as Alpha News seeks dismissal of defamation lawsuit brought by Minneapolis police officer.” Subhead: “Judge Edward Wahl was deeply inquisitive throughout the nearly three-hour hearing on a request to dismiss a defamation lawsuit under a new legislative act in Minnesota.”
I attended the hearing inside the packed courtroom along with the Alpha News readers who filled it. No standing was allowed for those without a seat. Something like an equal number sat in the hallway outside the courtroom during the hearing. Public interest in the case and support for the documentary are substantial. YouTube indicates it has had 3,000,000 views over the past year-plus on that platform alone.
Judge Wahl repeatedly asked Chris why he should dismiss Blackwell’s case in “the first inning.” He must have asked the question five times. On its face, however, UPEPA has speeded up “the game.” If you want to subject a defendant to discovery, section 554.10(d) requires a plaintiff to “show[] that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden.., and the information is not reasonably available unless discovery is allowed.” Blackwell’s counsel cited page 40 of her brief, but there is a hole there. She has satisfied neither prong of this requirement.
“The game” doesn’t go nine innings if you don’t show you have the stuff when called on it. That’s what I believe to be the case in this ill-advised lawsuit.
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