Letter: Mullins lawsuit an assault on First Amendment rights

What are your neighbors talking about this week?


  • By
  • | 4:22 p.m. May 21, 2026
  • Palm Coast Observer
  • Opinion
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Dear Editor:

Surely many of us are flabbergasted and appalled by former Flagler County Commissioner Joe Mullins’ lawsuit against FlaglerLive and its editor for libel. Mullins appears to be in lockstep with the far too common First Amendment assault on the media and even late night comedy free speech, we are sadly experiencing nationwide.

Mullins became an infamous presence in our community known for outrageous behavior. And that behavior was documented, not only by FlaglerLive, but by the Observer and even national news. FlaglerLive commentary included Mullins” own spoken and recorded words, court records, and videos of his shenanigans.

FlaglerLive has always done well with the facts while at times mixing in some left leaning commentary and opinion. And that does not rise to the legal “high bar” level of libel that requires a statement to be entirely and objectively false.

Opinions usually don’t count. The libel burden of proof is even more stringent for public officials, candidates and celebrities that mostly flips the proof burden to the plaintiff. It also adds “actual malice” to the requisite in that a statement was known to be false with a reckless disregard for the truth. Failing to meet the criteria in a libel lawsuit, especially against a public official or candidate, is often considered without merit and promptly dismissed by the court. The FlaglerLive case seems weak at best and outright frivolous at worst with a good shot at prompt dismissal.

Mullins’ attorney, Anthony Sabatini, is no stranger to accusations of filing frivolous actions. He previously gained a reputation and received a judge’s warning of possible sanctions for filing “frivolous” lawsuits that lacked legal foundations and were often perceived as having political motivations.

We also recall Sabatini as the attorney chosen by our [Palm Coast Mayor Mike Norris] to file suit against the city of Palm Coast that was promptly dismissed by the court. And not long ago, Sabatini was sanctioned by a court for filing a case with “factual assertions which were not true and an incorrect legal theory equating to a frivolous claim.” As a result, he was ordered to pay the defendant's legal costs, a result that many of us would hope to see in the Mullins lawsuit for its likely frivolity.

Actually, both Sabatini, and Mullins in particular, risk an order to pay FlaglerLive’s legal expenses.
FlaglerLive has been a long-time daily staple for so many in our community with its insightful stories, local news, editorials, investigative journalism, finely crafted wordsmithing and of course the daily political cartoons. But most importantly, whether you agree or disagree with FlaglerLive content or perspective, we should all abhor this assault on its First Amendment rights.

Bob Gordon

Palm Coast

 

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