Physical Address
304 North Cardinal St.
Dorchester Center, MA 02124
Physical Address
304 North Cardinal St.
Dorchester Center, MA 02124
A defamation lawsuit filed by U.S. Navy veteran Zachary Young against the Associated Press could redefine the implications of terms like “smuggling” in media narratives. Young contends that descriptions used in news articles have unfairly painted him as a criminal, particularly in light of his efforts to assist individuals fleeing Afghanistan during the chaotic U.S. withdrawal in 2021.
This litigation follows Young’s previous success in suing CNN for defamation earlier this year. In that case, he argued that CNN mischaracterized his actions by implying he profited illegally while aiding people in Afghanistan. The phrase “black market” became a focal point during the CNN trial, signifying illegal activities, and Young’s team successfully demonstrated its damaging implications.
During the January trial, Associated Press media reporter David Bauder stated that “Young’s business helped smuggle people out of Afghanistan.” Young’s legal counsel asserts that the AP’s description goes even further than the allegations made by CNN, prompting the current lawsuit, which lists 40 AP articles featuring the term “smuggling” in contexts suggesting criminal conduct.
Young’s attorney, Daniel Lustig from Pike & Lustig, has highlighted numerous instances where the AP has employed the terms “smuggling,” “smugglers,” and “smuggle,” alluding to illegal acts, often connected to dangerous human trafficking scenarios. The lawsuit claims that the AP has insinuated that Young engaged in criminal human smuggling by using these terms.
Examples of AP headlines cited in the lawsuit include references to international human trafficking and drug operations, illustrating how the term “smuggling” has historically related to serious crimes. These examples reinforce Young’s assertion that the AP’s language has harmed his reputation.
Young wishes to pursue his lawsuit against the AP in the same jurisdiction where his case against CNN was heard: Bay County, Florida. The court previously ruled that Young committed no illegal acts during his humanitarian efforts in Afghanistan, bolstering his case moving forward.
The Associated Press has maintained its stance on the accuracy of its reporting despite Young’s claims. While they have yet to respond directly to Lustig’s assertions about the problematic use of language, the AP spokesperson reaffirmed their commitment to defend their reporting vigorously.
Lustig insists that the precedent set by Young’s earlier case against CNN demonstrates that media organizations should not presume immunity from accountability. He remarked on how the CNN trial revealed the lengths media companies are willing to go to evade consequences for publishing misleading information.
He specifically noted the seriousness of the issue when the target of such misleading narratives is a veteran who served honorably. Lustig expressed confidence that the jury in Bay County would assess the facts impartially, similar to their previous verdict.
In his current lawsuit, Young asserts that the Associated Press acted with actual malice. He is seeking damages exceeding $50,000, excluding interest, costs, and attorney fees. Additionally, he seeks punitive damages in response to what he describes as a grievous misrepresentation of his actions.
Recently, U.S. News & World Report retracted its version of the AP’s report involving Young, yet the AP maintains its position regarding the accuracy of its original story. An AP spokesperson reiterated the organization’s perspective, claiming that the article was factual and accurate, insisting on a strong defense against what they term a frivolous lawsuit.
Young’s legal team is amplifying pressure on the AP, recently submitting amendments to their complaint that address how the AP has publicly characterized the lawsuit itself as “frivolous”. This statement of dismissal from the AP could fuel Young’s claim of defamation, as it suggests a lack of seriousness regarding the allegations made against him.
Looking back, in January, Young’s earlier lawsuit resulted in a jury awarding him $4 million for lost earnings and an additional $1 million for personal damages, such as pain and suffering. The punitive damages aspect was settled before the jury could decide on it.
The unfolding situation surrounding Young’s legal battles serves as a critical reminder of the media’s responsibility to report factually and ethically. As the courts navigate these complex issues of defamation, the implications extend far beyond individual cases and resonate within the broader discourse on media accountability. The outcome of this lawsuit may not only impact Young’s life but also influence how media outlets approach sensitive subjects in the future. The case emphasizes the importance of precise language in journalism, particularly when discussing individuals who have dedicated their lives to serving others.