Could Ryan Walters face a defamation suit? Attorney weighs in.

In this edition of Hot Seat, Scott Mitchell talks to attorney Colin Walke about the ongoing controversy surrounding Oklahoma Superintendent Ryan Walters and related legal questions.

Superintendent’s Response Raises Questions

Attorney Colin Walke said Walters’ best move would have been to cooperate fully with investigators.

“His best opportunity to show that he has nothing to hide is to say, ‘Here you go. Here’s everything. And I’m gonna sit back and be quiet and let you all do your investigation because I have nothing to hide,’” Walke said. “The very fact that he came out in such a vociferous manner in opposition to any of this and in fact wouldn't let them review everything is an indication that there was a problem there.”

Could Walters Face a Defamation Lawsuit?

Walke said there is a possibility the superintendent could face legal action from board members who feel defamed by his statements.

“Nothing has been vindicated here,” Walke said. “If any of the board members decided that they wanted to sue for slander, defamation, something along those lines, the first hurdle they would have to overcome is the fact that Ryan Walters and the board members themselves are likely public figures.”

He added that public figures must prove statements were made with “maliciousness, with an actual intent to harm these board members.”

Oklahoma’s Citizens Participation Act Could Protect Defendants

Walke explained that Oklahoma law allows defendants in defamation cases to file early motions to dismiss, putting the burden on the plaintiff to prove their case quickly.

“The burden then shifts to me on day one to prove with clear and convincing evidence that I meet every element of defamation,” Walke said. “The problem there is that sometimes it’s hard to prove on day one, one of the elements of defamation, which is damages.”

Would An Apology Impact a Lawsuit?

Walke said an apology could reduce claims of malicious intent but may not completely resolve legal issues.

“If Ryan Walters comes out and says, ‘I apologize, I made a mistake. You weren’t lying,’ ... that certainly helps,” he said. “But on the flip side, it doesn’t really help because you’ve got to prove that malicious intent, and if he’s apologizing, well, then he’s showing that there’s no malicious.”

Could the Attorney General Defend Walters?

Walke said the Attorney General’s office might defend Walters but could also appoint outside counsel due to political differences.

“Quite possibly yes,” he said. “Attorney General Gentner Drummond would likely allow outside counsel to be appointed, given the historical differences between him and Ryan Walters.”

Texts and Emails Could Be Used in Litigation

Walke warned that all communications, including texts and emails, are discoverable in litigation.

“Everything you’ve texted, everything you’ve sent, everything you’ve put in emails, all of that is discoverable information,” Walke said. “Don’t put anything in writing that you don’t want somebody to find.”