The First Amendment Clinic is pleased to report that its client, Cleveland State University鈥檚 student newspaper The Cauldron, has been dismissed from a lawsuit brought by local restaurant Burgers 2 Beer. The restaurant alleged thatThe Cauldron tortiously interfered with its business expectancies and business contracts after The Cauldron reported on the dining options in the space previously occupied by Burgers 2 Beer.
Burgers 2 Beer鈥檚 complaint with The Cauldron鈥檚 article centered on the article鈥檚 headline, which stated that the restaurant had been 鈥渂ought out鈥� 鈥� language that was quickly corrected when Burgers 2 Beer鈥檚 counsel reached out to the student editor and student author. Claiming that the former language in the headline constituted an intentional interference with the restaurant鈥檚 lease and relationship with its customer base, Burgers 2 Beer brought The Cauldron into a dispute with its former landlord by naming The Cauldron as a third-party defendant.
The Cauldron moved to dismiss the complaint against it, raising jurisdictional defenses as well as Constitutional ones. Specifically, the First Amendment and Article I, Section 11 of the Ohio Constitution provide broad privileges that protect the freedom of speech and of the press in Ohio. The Cauldron argued that it had a qualified privilege in reporting, in good faith, on a topic of public interest to the campus community, and there was no allegation in the complaint that The Cauldron鈥檚 student editors or authors acted improperly or for a purpose other than journalism. Before the Cleveland Municipal Court ruled on The Cauldron鈥檚 Motion to Dismiss, Burgers 2 Beer voluntarily dismissed its claims against CSU鈥檚 student newspaper without any payment. The Cauldron stood on its initial correction published prior to Burgers 2 Beer鈥檚 lawsuit, and paid no money or gave any other consideration for the dismissal.
Burgers 2 Beer filed its complaint against The Cauldron on Nov. 12, 2021. In the midst of classes and normal college responsibilities, its student editors were forced to seek out legal counsel and defend against these claims. Jaden Stambolia (CSU 2023), The Cauldron鈥檚 current Editor-in-Chief, celebrated the lawsuit鈥檚 dismissal. "The Cauldron is very appreciative of Andrew [Geronimo], Sara [Coulter], their students, and Case Western First Amendment Clinic's help in resolving this matter. The Cauldron believes student journalism is important, and our mission is to provide the Cleveland State community with a voice on what is happening in our community. With the support of Case Western's First Amendment Clinic, our mission and our ability to be student journalists will continue."
鈥淭he First Amendment Clinic at Case Western Reserve University supports student journalists and is happy that The Cauldron鈥檚 students can focus on keeping the Cleveland State student body informed through their reporting, rather than defending themselves from lawsuits,鈥� said Coulter, a Fellow in the Clinic. 鈥淭his lawsuit was an attack on free speech and a free press, and we鈥檙e delighted that our Clinic students were able to be a resource for The Cauldron,鈥� said Geronimo, Director of the First Amendment Clinic.
The case is Collegetown Blue LP vs Bar One Ii LLC, Cleveland M.C. No. 2021-CVG-010467.