Defamation Counterclaims By Charter School Against ACLU Dismissed

In ACLU of Minnesota v. Tarek Ibn Ziyad Acadamy, 2009 U.S. Dist. LEXIS 114738 (D MN, Dec. 9, 2009), a Minnesota federal district court dismissed counterclaims for defamation and tortious interference with contract brought by the sponsor of a charter school against the ACLU that was suing it alleging Establishment Clause violations. The counterclaims were based on statements made by the ACLU's executive director, who repeatedly insisted that the Academy was using taxpayer dollars to operate a sectarian Muslim school. The court held that the body of law holding that government bodies may not sue for defamation applies to a publicly funded charter school. Even if this were not the case, TIZA as a public school would be subject to the requirement to show actual malice to recover for defamation. It has not alleged facts to support such a finding. Finally the court concluded that the tortious interference claims were dependent on the allegations of defamation, and should also be dismissed. Today's Minneapolis Star-Tribune reports on the decision.