A judge on Friday threw out a lawsuit by three current and former lawmakers claiming that former state Rep. Charlene Fernandez, D-Yuma, “smeared’’ their names.
Yuma County Superior Court Judge Pro-Tem Levi Gunderson said Fernandez had an absolute First Amendment right to send a letter to federal law enforcement officials asking them to investigate the activities of state Rep. Mark Finchem, R-Oro Valley; now former state Rep. Anthony Kern, R-Glendale; and Republican Congressman Paul Gosar in connection with the events around the Jan. 6 riot and breach of the U.S. Capitol.
In the six-page ruling, Gunderson acknowledged that the right of free speech is not an absolute defense against charges of defamation, particularly when it involves private matters.
“But when speech involves a matter of public concern, the balance changes significantly,’’ he wrote. “The storming of the U.S. Capitol on Jan. 6, 2021, is a matter of great public concern.’’