Law Professor Explains How the Associated Press Just Opened Themselves Up to a Massive Lawsuit

Republican Ohio Senate candidate Bernie Moreno was slapped with nasty tricks during the primary's closing days. Ohioans go to the polls on March 19 to decide whether Moreno, endorsed by Trump, Mike Lee, Ted Cruz, and JD Vance, will prevail over Ohio Secretary of State Frank LaRose or State Sen. Matt Dolan. The race has tightened to the point where even Democrats are starting to meddle. Yet, one attack was particularly slimy: Moreno signed up on Adult Friend Finder in 2008, seeking the company of young men.

It's not true. The founder of Adult Friend Finder said when he analyzed the data, even though Moreno’s email address was used, it seemed to be an activity you’d see from a prank. Indeed, it was a prank, as a former intern already admitted as much. The Associated Press ran with the story, but even their communications director admitted they had nothing to corroborate it, opening the news outlet to a massive lawsuit. Jonathan Turley wrote if Moreno should file a lawsuit and it reaches the discovery phase; embarrassment can be re-directed at AP. Who wants some scalps? I do:

When pressed by Breitbart News, Lauren Easton, the director of communications for the AP, on Saturday admitted that it did not have “geolocation data” referenced in the two prior stories but still stood by those stories. It suggested that the “geolocational data” was merely noting that it was basically coming from the same zip code. Critics objected that the use of the term suggested that AP had data showing an account created with a specific IP, or internet protocol, address that can be tied to a specific location. Otherwise, with the reported admission of the intern, there was little to support the bombshell article published just before the election.
The AP questioned the claim of the intern. Moreno gave very specific information and a statement from former intern, Dan Ricci, who said he created the account as “part of a juvenile prank.” That statement included the admission that “I am thoroughly embarrassed by an aborted prank I pulled on my friend, and former boss, Bernie Moreno, nearly two decades ago.” However, The AP said that it could not “independently confirm Ricci’s statement and he didn’t immediately respond to messages left for him on multiple phone numbers listed to him. He donated $6,599 to Moreno’s campaign last year, according to campaign finance records.”
I understand that the AP would want to communicate directly with Ricci. I also get the suggestion that Ricci might be simply a supporter covering for a candidate. However, I do not understand the basis for running the article in light of the countervailing evidence without something more than a loose claim of “geolocational data.” It is particularly suspicious when the posting was made sixteen years ago and was just published a few days before the election.
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Moreno has reportedly hired Charles Harder, one of the attorneys who led the lawsuits against Gawker before that publication closed.
A lawsuit could present some interesting questions since AP did incorporate the denial and alleged admission from the intern. It could argue that the rest is its opinion on the newsworthiness of the allegation. The issue is whether, given Moreno’s status as a public figure, the AP meets the “actual malice” standard for defamation as either knowingly publishing a false claim or doing so with reckless disregard of the truth. If Moreno sues and gains access to discovery against AP, this could prove a costly and embarrassing matter for the company.