Judge says jury gets to decide if Nexstar defamed news directors fired over memo

Former WOOD-TV news director Stanton Tang (left) and assistant news director Amy Fox. (Photos via social media; composite image by The Desk)

Key Points

A federal judge ruled that a defamation lawsuit against Nexstar by two former news directors can proceed to a jury trial.
The case stems from their firing after a memo about Pride Month coverage at a Michigan station.
The judge found sufficient evidence that Nexstar’s statements may have misled the public about the employees.

A federal judge has sided against Nexstar Media Group in a lawsuit filed by two of the broadcaster’s former news directors, finding the ex-employees have provided enough evidence to allow a defamation case against the company to proceed to a jury trial.

In an order filed in federal court last week, U.S. District Judge Robert Jonker dismissed Nexstar’s motion for summary judgment on all but one point, saying former WOOD-TV (Channel 8, NBC) News Director Stanton Tang and his direct report, former Assistant News Director Amy Fox, had made persuasive-enough arguments under Michigan and federal law to proceed with claims of defamation and wrongful termination.

The pair were fired by Nexstar in June 2023, more than two weeks after the broadcaster launched an internal investigation into a memo written by Fox at Tang’s urging that encouraged the station’s news reporters to pull back on coverage of Pride Month festivities happening in the Grand Rapids area.

The memo, first reported publicly by The Desk, reminded reporters that WOOD-TV viewers largely identify as politically-Conservative.

“We need to recognize that some stories related to LGBTQ issues are going to be controversial and polarizing in our community,” the memo written by Fox said. “While you personally may not agree with a certain position, people are entitled to their opinions, and they are our viewers.”

Fox and Tang accuse Nexstar of throwing them under the bus, saying they were only following the company’s editorial policies that require balanced news coverage. They also complain that remarks made by Nexstar’s Chief Communications Officer Gary Weitman to CNN reporter Liam Reilly resulted in news coverage that convinced the public that the two were anti-gay.

In a motion filed two years ago, Nexstar disputed the charges, saying Weitman never specifically told any reporter that the two were anti-gay or otherwise engaging in discrimination.

“Nexstar made no defamatory statements at all, and therefore [Tang] cannot properly allege a defamation claim,” the attorneys conclude.

But Jonker disagreed, saying under Michigan law that statements can be defamatory if they mislead people, even if the comments are literally true. Jonker said Weitman’s remarks were strong enough to link Fox and Tang’s firings to the memo, and were framed in a way that strongly implied the two were anti-gay.

Less clear is whether Nexstar made claims in a false light: Jonker said there was some evidence to support the accusation that the broadcaster acted recklessly, but that a dispute of the precise facts still exists.

Jonker also said the statements made by Nexstar appear to have violated the Employee Right to Know Act, a Michigan law that prohibits companies from disclosing disciplinary action against employees publicly unless the employees are notified first. Fox and Tang’s attorneys supplied e-mails that showed Weitman confirming to Reilly that Fox and Tang were dismissed.

The judge dismissed a claim of defamation per se made by Tang, which would have allowed him to collect a financial award without having to prove specific damages at trial. Jonker said Michigan law narrows the applicability of defamation per se to only a few criminal and civil matters, none of which were in play in his lawsuit; accordingly, the judge sided with Nexstar on that single issue.

The order comes three months after Tang and Nexstar failed to reach an agreement during a settlement conference, which would have prevented a jury trial from occurring. Now, the case appears headed for a jury, unless Nexstar appeals the judge’s order.

The court has not set a date for the jury trial.

Judge says jury gets to decide if Nexstar defamed news directors fired over memo

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