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FACT BRIEF

Is a Wisconsin lawmaker continuing to sue a nonprofit newspaper after a judge dismissed his defamation lawsuit?

By Tom Kertscher
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YES

Wisconsin state Sen. Cory Tomczyk appealed in June 2023 the dismissal of his defamation lawsuit against the Wausau Pilot & Review, a nonprofit newsroom.

The appeal was pending as of Sept. 5.

Here’s the chronology:

August 2021: The Pilot & Review reported that Tomczyk, a businessman and former local school board member, was overheard at a Marathon County Executive Committee meeting calling a 13-year-old boy who spoke at the meeting a “fag.”

November 2021: Tomczyk sued, denying he used the slur at the meeting.

November 2022: Tomczyk was elected to the Senate, representing parts of the Wausau area.

April 2023: Marathon County Circuit Judge Scott Corbett dismissed the lawsuit, ruling Tomczyk was a public figure and had not proved actual malice by the Pilot & Review.

The lawsuit has cost the newsroom $150,000 in legal bills and threatens to put it out of business, its publisher said in August.

This fact brief is responsive to conversations such as this one.
Sources
Wisconsin Court System WSCCA Case History Cory Tomczyk v. Wausau Pilot and Review Corporation
Google Docs Marathon County Case Number 2021CV000625 Cory Tomczyk et al vs. Wausau Pilot and Review Corporation et al
GuideStar Wausau Pilot and Review Corporation
Wausau Pilot & Review Threats against elected officials marked heated debate on ‘Community for All’ resolution
New York Times Report on Anti-Gay Slur Could Put Local News Site Out of Business
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Wisconsin Watch, the news arm of the nonpartisan, nonprofit Wisconsin Center for Investigative Journalism, increases the quality and quantity of investigative reporting in Wisconsin, while training current and future investigative journalists. Its work fosters an informed citizenry and strengthens democracy.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.