Frivolous Lawsuit Against The Tennessee Conservative DISMISSED With PREJUDICE!

Frivolous Lawsuit Against The Tennessee Conservative DISMISSED With PREJUDICE!

Frivolous Lawsuit Against The Tennessee Conservative DISMISSED With PREJUDICE!

Image Credit: The Tennessee Conservative & Canva

By Brandon Lewis [The Tennessee Conservative Publisher] –

To all the subscribers who chipped in financially to defend freedom of speech in this meritless case, THANK YOU!

It was dismissed, with prejudice, by the presiding judge.

I especially want to thank Rick Dramm and the Conservative Club of Tellico for coming to our aid, without even being asked, when we needed it most.

I’ve always said it and I mean it: As long as TTC subscribers care enough about what we do to donate for publication, we’ll keep going!

We’re glad to put this behind us and look forward to bringing you the truth – so long as you’re behind us!

Sincerely, Brandon Lewis… REPORT FOLLOWS BELOW….

Summary of Case:

In plain English: The Tennessee Conservative and the other defendants won the case.

The judge dismissed Jeffrey Coker and Coker, Wolfe & Associates’ entire lawsuit with prejudice. That means they cannot simply rewrite the complaint and file the same case again in this court. They could potentially appeal the ruling, but this case itself has been dismissed.

The judge’s main conclusions were:

  • The controversy involved political speech about a matter of public concern—a contested Republican state Senate primary.
  • Coker is considered a public official or public figure because he chaired Hendersonville’s Planning Commission and had previously run for office.
  • Coker did not have official authority to remove Chris Spencer’s campaign sign.
  • Because Coker was photographed removing the sign and putting it in his vehicle, the judge found that describing him as having been caught “stealing” the sign was either substantially true or political exaggeration—what the law calls “rhetorical hyperbole.”
  • Coker failed to show that The Tennessee Conservative or the other defendants knowingly published false information or recklessly ignored the truth. That is the “actual malice” he was required to prove.
  • Coker also failed to provide adequate, admissible evidence that the statements caused him or his business actual financial or reputational damage.
  • Merely tagging Coker’s company in a Facebook post did not amount to defaming the company.
  • The “false light” claim failed because the posts directly expressed what the defendants believed happened; the judge found no deceptive hidden implication.
  • The civil-conspiracy claim failed because there was insufficient detail showing a conspiracy—and because all the underlying claims had already failed.

One procedural point: the judge initially ruled that part of the ordinary defamation claim could not be dismissed solely from the allegations in the complaint. But after considering evidence under Tennessee’s anti-SLAPP law—the Tennessee Public Participation Act—the judge dismissed that claim as well.

The judge also denied Coker’s request to postpone the hearing and conduct additional discovery. The court noted that he had earlier opportunities to request discovery and did not do so.

Bottom line for The Tennessee Conservative: The claims against Brandon Lewis and The Tennessee Conservative, LLC were dismissed, along with every claim against every other defendant.

The order does not appear to award attorney’s fees or costs yet, so that may be handled separately if TTC’s lawyer seeks recovery under the Tennessee Public Participation Act.

This is a very favorable and fairly decisive ruling for the defense.

Yours in gratitude & freedom,

~ Brandon Lewis

 The Tennessee Conservative, Publisher

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