United States: Court Orders Lauren Chooljian to Hand Over Unpublished Material in Libel Case
Judge determines there is 'no indication' of malice in New Hampshire Public Radio journalist's records related to the story on sexual misconduct.
Location: United States, New Hampshire
Date: June 1, 2023Updated: February 9, 2024
In June 2023, New Hampshire Public Radio journalist Lauren Chooljian was ordered to hand over unpublished notes and transcripts in a libel case brought against her by Eric Spoffard. After reviewing the documents on camera, in December 2023, the judge ruled that there was no malice in the reporter’s records and gave Spofford a month to provide evidence of defamation. Since Chooljian exposed sexual abuse allegations against Spofford, a well-known addiction center owner, her home has been repeatedly vandalized, and she has faced an unfounded lawsuit. The Coalition For Women In Journalism calls on New Hampshire courts to recognize this bogus suit for what it is: an attempt to intimidate the journalist who exposed a powerful figure’s abuse of vulnerable people under his care.
On June 1, the New Hampshire Superior Court ordered New Hampshire Public Radio (NHPR) to surrender unpublished material regarding Lauren Chooljian’s sexual abuse investigation to the judge in a libel case brought by former CEO of Granite Recovery Centers Eric Spofford.
Chooljian was told to provide notes and transcripts to Judge St.Hilaire so he could determine if they contain evidence of malice.
The ruling was considered “unusual and alarming” by legal experts, who cautioned that such orders could hinder journalists' efforts to uncover any wrongdoing by prominent individuals.
Two months prior, the court dismissed Spofford’s lawsuit against Chooljian, ruling that it found no evidence the reporter had relied on false statements in her investigation.
Spofford then asked the court to order Chooljian to reveal her notes, which included interviews with unnamed sources. He hoped to find any potential evidence of alleged malice and resubmit his petition to the court.
NHPR opposed his request, contending in legal papers that granting permission to a journalist's materials at this point in a civil lawsuit "could jeopardize First Amendment principles and discourage constitutionally protected liberties."
In September, the judge stated that he would examine the material requested on camera or privately to determine if NHPR had "exhibited a reckless disregard for the truth" by reporting a story they knew or suspected to be untrue.
In its latest ruling, Judge St. Hilaire declared there was 'no indication' of malice in New Hampshire Public Radio journalist's records related to the story on sexual misconduct. Spofford is ordered by the court to provide evidence of the reporter’s supposed misconduct in 30 days or the case will be dismissed.
“God of Recovery” exposed for sexual misconduct
Chooljian began her investigation into the popular addiction center owner Eric Spofford after receiving a tip he had allegedly abused former employees and patients receiving treatment in his centers.
In her investigative report for NPHR and her podcast series The 13th Step, Chooljian exposes the sexual misconduct allegations against Spofford.
Andrea, a victim of Spofford's abuse, referred to the successful owner of multiple addiction treatment clinics as the "God of Recovery."
Chooljian’s reporting included interviews with women who allege Spofford sent them sexually explicit messages and requested them to send him explicit photos of themselves. The former owner of Granite Recovery Centers denies the accusations.
Chooljian’s investigations exposed not only the abuse of these women but also how he used his position of power to harass vulnerable people dealing with addiction issues.
Chooljian’s home was vandalized in May 2022
“Just The Beginning” – Chooljian’s homes vandalized
Following the publication of her investigation into Spofford in April 2022, Chooljian and her employer were repeatedly attacked and threatened.
On May 31, 2022, Chooljian returned to her home to find a window smashed and “just the beginning” sprayed on the wall.
Incidents of vandalism occurred at Chooljian's former and current homes, her parent’s home, and NHPR News Director Daniel Barrick's house.
Spofford denied any role in the vandalism and suggested that other people she spoke to for the article may have been behind the attacks.
In September 2023, four men from New Hampshire were indicted by a federal grand jury in Boston for their alleged involvement in a campaign of intimidation against two journalists from New Hampshire Public Radio (NHPR). If convicted, each charge in the indictment carries a maximum penalty of up to five years in prison and a fine of $250,000.
The US Attorney for Massachusetts stated that the victims experienced harassment and intimidation, including multiple incidents of vandalism at their homes.
The defendants, identified as Eric Labarge, Keenan Saniatan, Tucker Cockerline, and Michael Waselchuck, are accused of conspiring to commit stalking through interstate travel. Labarge was arrested on September 8 and appeared in federal court in Boston, he is allegedly a close personal associate of Spofford.
Cockerline, Saniatan, and Waselchuck were arrested and charged in June 2023.
On February 9, 2024, Michael Waselchuck, pleaded guilty to charges related to a conspiracy to harass and intimidate journalists from New Hampshire Public Radio (NHPR) and their relatives. Waselchuck admitted to conspiring to commit stalking through interstate travel and the use of communication facilities. His sentencing is scheduled for May 10, 2024.
Libel suits against journalists rising in the USA
Libel lawsuits against journalists in the USA are rising, according to Media Law Resource Center.
These nuisance lawsuits — called SLAPP or Strategic Lawsuits Against Public Participation — are typically filed by wealthy individuals against journalists or media outlets to drain their financial resources and intimidate them into silence.
The goal of these libel cases is not necessarily to win in court but to engage defendants in a lengthy and exhausting legal battle.
The US Supreme Court's 1964 decision in New York Times v. Sullivan established constitutional protection for news organizations against libel suits and ensured free debate.
The decision says that to prove libel, the claimant “must show that what was said against them was made with actual malice – "that is, with knowledge that it was false or with reckless disregard for the truth."
The landmark case remains necessary today to ensure free debate, an informed public, and a free press.
However, this protection is now being threatened by increased lawsuits filed by political candidates, elected officials, corporations, and wealthy individuals.
Concerningly, two Supreme Court judges, Justice Clarence Thomas and Justice Neil Gorsuch, have called for the 1964 Sullivan decision to be reconsidered.
According to media law experts, relaxing the "actual malice" standard imposed on public officials and figures would be a mistake as it would incentivize shoddy journalism and deter reporting on corruption and negligence by local officials.
The Coalition For Women In Journalism stands in solidarity with Lauren Chooljian, and we condemn the physical and legal threats she has received since exposing Spofford’s sexual misconduct. The increase in libel cases in the US is an incredibly worrying trend we continuously monitor. We urge the New Hampshire Court to dismiss the charges and respect the media’s First Amendment right to investigate stories in the public’s interest.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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