Oklahoma appeals court lowers punitive damages against Gannett in defamation case. (Dale Denwalt, The Oklahoman, October 3, 2025)

The incredibly shoddy and shrinking St, Augustine Record (sic) is owned by GANNETT. From The Oklahoman: 

COURTS

Oklahoma appeals court lowers punitive damages against Gannett in defamation case

Dale Denwalt

The Oklahoman

An Oklahoma appeals court has reduced the amount of punitive damages in a defamation case involving Gannett, the parent company of The Oklahoman.

In a ruling issued Oct. 1, a three-judge panel of the Oklahoma Court of Civil Appeals ruled that the $20 million punitive award lodged against the media company by a Muskogee County jury in 2024 was "unconscionable, grossly excessive and much larger than reason dictates to be necessary to deter such conduct in the future."

Appeals court Judge Thomas E. Prince wrote in the court's decision that the evidence did not show Gannett acted "intentionally and with malice."

If the ruling stands, Gannett would now be liable for $2.5 million in punitive damages, plus another $5 million in compensatory damages for incorrectly identifying the speaker of a racist rant during a high school basketball playoff game in 2021.

Lark-Marie Anton, a spokesperson for Gannett, said the company is reviewing the ruling and won't be commenting further at this time.

The Oklahoman reached out by phone and email to attorneys for Scott Sapulpa, the plaintiff in the lawsuit, on Thursday, Oct 2. Attorneys Rusty Smith, Michael Barkett and Ryan Ray have not yet responded to the requests for comment.

On March 11, 2021, before a girls basketball playoff game between Norman and Midwest City, members of the Norman team knelt during the national anthem. The game was being streamed by a broadcast company owned by Matt Rowan, who was there to announce the game alongside Scott Sapulpa.

As the Norman players knelt, a microphone caught Rowan making comments toward members of the team: "They're kneeling? (Expletive) (racial slur). I hope Norman get their ass kicked. (Expletive) them. I hope they lose…"

When the comments went viral on social media, The Oklahoman published an online story that incorrectly named Sapulpa as the person who made the comments. Rowan, who initially said it was one of his announcers who made the remarks, later came forward and admitted he made them. He apologized, blaming the outburst on his blood sugar levels.

The online article was corrected within 2 ½ hours, and Sapulpa’s name did not appear in the print version of the story that appeared the next day's newspaper.

Sapulpa eventually sued Gannett, alleging defamation and intentional infliction of emotional distress. The trial occurred in Muskogee County, where a jury awarded him $5 million in compensatory damages and another $20 million as a punitive award.

In its appeal, Gannett made several arguments that challenged both awards. The appellate court only sided with one: that the trial court made an error when lifting the cap on punitive damages.

Writing the majority opinion, Prince said the evidence presented during trial only allowed punitive awards of $100,000 or equal the amount of compensatory damages, whichever is greater.

Prince instead proposed a $2.5 million punitive award against Gannett while leaving the $5 million compensatory damages award in place. Sapulpa and his attorneys were given 30 days to accept the reduction. If they don't, the case will be sent back for another trial to reach a punitive award consistent with the court's opinion.

Both parties can also petition the appellate judges to rehear the case or ask the Oklahoma Supreme Court to review the decision.