Judge denies PG motion to dismiss ex-reporter’s race discrimination suit

A federal judge on Wednesday rejected a motion by the Pittsburgh Post-Gazette to dismiss a lawsuit brought by a Black ex-reporter who alleges she was unfairly removed from coverage of the George Floyd protests last year because of a personal tweet she sent.

Alexis Johnson, a reporter and digital editor who has since left the paper, filed the suit last year on grounds of race discrimination and retaliation.

The Post-Gazette filed a motion to dismiss the case, saying Ms. Johnson hadn’t presented evidence of protected activity, adverse action or denial of her contractual rights to support her claims of retaliation and discrimination.

U. S. District Judge J. Nicholas Ranjan disagreed, saying she “has pled sufficient facts to establish these legal requirements at this early stage.”

The paper also argued that under the First Amendment, the Post-Gazette can’t be held liable because Ms. Johnson’s suit intrudes on the paper’s editorial discretion to publish what it wants.

The judge rejected that argument, too, saying the parties disagree on the facts, so he can’t make a decision until he hears more.

While the First Amendment provides publishers discretion to refrain from publishing, that discretion does not allow a publisher to make discriminatory personnel decisions, the judge said in citing various examples in case law.

“The court’s decision did not address — and certainly did not affirm — any of Ms. Johnson’s claims against the Post-Gazette,” said Keith Wilkowski, general counsel for Block Communications Inc., owner of the Post-Gazette.

“We were surprised and disappointed that the court declined to recognize the vital First Amendment principles at the core of this dispute. We intend to seek an immediate appeal to the Third Circuit Court of Appeals.”