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The term “smuggling” may soon replace “black market” in discussions surrounding legal matters in Bay County, Florida, particularly in light of U.S. Navy veteran Zachary Young’s defamation case against the Associated Press.
Young, who previously won a defamation suit against CNN, contends that the network misrepresented his actions during the evacuation from Afghanistan in 2021, suggesting he earned money through illegal methods when assisting individuals fleeing the country. His legal representation emphasized that references to the “black market” are typically associated with unlawful activities.
During coverage of Young’s trial earlier this year, Associated Press media reporter David Bauder stated, “Young’s business helped smuggle people out of Afghanistan.” In response, Young has filed a lawsuit seeking punitive damages, asserting that an AP article exceeded the allegations made by CNN. He amended his complaint to include 40 articles from the Associated Press that label his actions as “smuggling,” a term frequently used in contexts of crime.
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Young’s legal counsel, Daniel Lustig from Pike & Lustig, provided instances where the AP has used terms like “smuggling,” “smugglers,” and “smuggle” in contexts suggesting illegal activities, often in reference to severe issues like human trafficking.
The lawsuit argues that the AP’s language effectively accused Young of engaging in criminal activities, citing numerous previous articles that link “smuggling” with serious offenses including human trafficking and drug trafficking.
Headlines from the AP cited in the lawsuit include references to international cartel operations and human trafficking incidents, showcasing how the term “smuggling” has predominant negative connotations associated with illicit activities.
Young is pursuing his defamation case against the AP in the same Bay County venue where he successfully litigated against CNN, underscoring that the court had already determined his actions were legal.
The Associated Press, which maintains its stance on the reporting’s accuracy, has not yet responded to the new complaints outlined by Young’s attorney.
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In the wake of his successful litigation against CNN, Young now shifts his focus to hold the Associated Press accountable. Lustig has remarked on the importance of scrutinizing media practices, asserting that the CNN trial illustrated how news organizations may avoid accountability for disseminating falsehoods, particularly when it concerns a veteran’s reputation.
“The actions of the media can inflict deeper harm when it targets someone who has honorably served our country,” Lustig stated. “We are confident in a Bay County jury to evaluate the facts fairly,” he added.
Young’s suit claims the AP acted with actual malice and is therefore pursuing damages exceeding $50,000 as well as additional punitive damages.
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Recently, U.S. News & World Report issued a retraction of its version of an AP story related to Young, yet the Associated Press has continued to uphold its journalism. An AP spokesperson emphasized their intent to vigorously defend their report against what they describe as an unwarranted lawsuit.
Young’s legal team has amplified its strategy against the AP, recently filing an amendment identifying the news organization’s labeling of the lawsuit as “frivolous” in public comments.
The Associated Press has yet to comment on the latest developments in the case.
In January, a jury awarded Young $4 million in lost earnings and $1 million for personal damages, addressing both emotional distress and reputational harm. The jury also indicated that punitive damage was warranted against CNN, although a settlement was reached before punitive measures could be deliberated.
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