$25M in Libel Damages Based on Newspapers' Misidentification of Plaintiff as Broadcaster Who Used Racial Slurs

CBS News reports on Monday's verdict ($5M in actual damages and $20M in punitives), in Sapulpa v. Gannett Co.:

The incident occurred in 2021 before the Norman-Midwest City girls high school basketball game when an announcer for a livestream cursed and called one team by a racial epithet as the players kneeled during the national anthem.

The broadcasters told their listeners on the livestream that they would return after a break. Then one, apparently not realizing the audio was still live, said: "They're kneeling? (Expletive) them," one of the men said. "I hope Norman gets their ass kicked … (Expletive) (epithet)."

Sapulpa, one of two announcers, was initially identified by the newspaper as the person who made the racist comment…. Matt Rowan, the owner and operator of the streaming service, later told The Oklahoman he was the person who made the remarks….

According to The Root (Jay Connor), the epithets were "fucking niggers." Gannett, which owns the newspaper (The Oklahoman), responded:

There was no evidence presented to the jury that The Oklahoman acted with any awareness that what was reported was false or with any intention to harm the plaintiff in this case. Gannett intends to seek an appellate review of the case.

Note that it seems likely that the plaintiff wasn't a public figure, so the Oklahoman could be liable for compensatory damages even if it was merely negligent; but the punitive damages award would indeed require evidence that it knew the statement was false (or at least was likely false). For the Complaint, see here.