SCRANTON – The City of Scranton and its mayor have motioned to dismiss a lawsuit from a Scranton man who hosted a television program on political issues, and alleged that authorities from the City of Scranton and Lackawanna County disrupted and then canceled his broadcast, because in his view, the defendants disagreed with his views and those of many of his guests.
Lee Morgan filed suit in the U.S. District Court for the Middle District of Pennsylvania on Oct. 3 versus the City of Scranton, its Mayor Paige Cognetti, Lackawanna County and ECTV Network. All parties are of Scranton.
“Morgan hosted a show, which aired on ECTV Network, the name of the show was ‘Voice of The People.’ Morgan’s show, which often discussed political issues, and had guest appearances toward the end of its run, because ECTV Network complained about the show being solely centered on Morgan. Morgan intended to expand ‘Voice of The People’ to regularly include guests and give the people of Lackawanna County a voice on matters affecting them. Morgan also intended ‘Voice of The People’ to include all sides of the issues discussed, not just one political ideology,” the suit said.
“Morgan planned to host former Scranton Democratic Mayor, Jimmy Connors. However, his show was cancelled before that could take place. None of Morgan’s content fell outside the protections of the First Amendment to the United States Constitution. ECTV Network was launched when Verto Cable, a non-party to this lawsuit, paid franchise fees to the City of Scranton and Lackawanna County. The above-pleaded franchise fees are believed to be in excess of $1,600,000.”
The suit added that Lackawanna County, through its commissioners, retained control over ECTV Network content through its board of commissioners, the City of Scranton retained control over ECTV Network content through its Mayor and through its City Council, as those entities control ECTV Network’s funding – and further, that the Mayor of Scranton and Scranton City Council are responsible for the creation and makeup of the ECTV Network Board of Directors, which gives the government further control over ECTV Network.
“At all relevant times, the prevailing political ideology of both Lackawanna County and the City of Scranton was ‘Liberal’ and ‘Leftist.’ At all relevant times, the Lackawanna County Commissioners, Scranton City Council and the Mayor of the City of Scranton publicly subscribed to prevailing ‘Liberal’ and ‘Leftist’ political ideologies. Morgan’s political ideologies and that of many of his show’s guests were often not ‘Liberal’ or ‘Leftist,’ and very often presented points of view in contradiction to those types of ideologies, which were the prevailing ideologies of the local government. One of Morgan’s guests, Frank Scavo, was on Morgan’s show and, in part, discussed factual events and personal experiences that took place on Jan. 6, 2021 at the Capitol in Washington, D.C. None of the matters discussed by Morgan or his guest, Frank Scavo, fell outside of the protections of the First Amendment to the United States Constitution. Nothing said by either Morgan or Frank Scavo could reasonably be construed as hate speech, discriminatory speech, ‘fighting words,’ words intended to incite a riot or any other type of speech that falls outside the protections of the First Amendment to the United States Constitution. After the show featuring Frank Scavo aired, Morgan was advised that ‘someone’ in Lackawanna County government was ‘not happy’ with it. Morgan is prepared to disclose these individuals’ identities by the time of trial. Through the influence of Lackawanna County and City of Scranton government, Morgan’s show was made much more difficult for him to produce,” the suit stated.
“It is believed, and therefore averred, that this was because the topics discussed on the show did not fall in line with the prevailing political ideologies of Lackawanna County and the City of Scranton. Further, it is believed, and therefore averred, that the government of Lackawanna County and the City of Scranton attempted to make Morgan's show so difficult to produce that he would cease operations, because his content did not subscribe to the prevailing political ideologies of Lackawanna County and the City of Scranton. The backdrop of Morgan’s show was changed to a dim, difficult-to-view background, which was different than the more visually-pleasing background the show previously displayed, and the more visually-pleasing background that other shows continued to display. Ultimately, all of Morgan’s filmed videos were removed from the content host and he was advised his content would no longer be aired. Morgan was advised, as well, by ECTV Network representatives that people at The Scranton Times Tribune ‘complained’ about his Frank Scavo piece. Morgan was treated differently than other content providers airing on ECTV Network in that their content, falling under First Amendment protection, was not censored, their backgrounds were not made less aesthetically and visually-pleasing, and their content was not removed. Morgan was denied due process rights, as his content was censored and removed without any type of notice or any type of hearing. Before filing this complaint, Morgan tried diligently to resolve the matter outside of Court, and all attempts to contact government officials went ignored.”
UPDATE
The City and Cognetti moved to dismiss the case on Oct. 24, for reasons of insufficient process and failure to state claims upon which relief could be granted.
“The summons issued by the Clerk of Courts was not directed to either the City of Scranton or Mayor Paige Cognetti (or any other defendant) pursuant to Federal Rule of Civil Procedure 4(a), nor was the summons issued for each of the City of Scranton and Mayor Paige Cognetti pursuant to Federal Rule of Civil Procedure 4(b). Accordingly, plaintiff has not complied with the provisions relating to the content and issuance of a summons included in Federal Rule of Civil Procedure 4, and the complaint should be dismissed and/or service of the complaint as to defendants, the City of Scranton and Mayor Paige Cognetti, should be quashed,” the motion stated, in part.
“Plaintiff fails to allege sufficient facts to support his claims. Plaintiff also fails to allege sufficient facts to maintain a claim for punitive damages against the defendants, City of Scranton and Mayor Paige Cognetti. The allegations contained in the complaint amount to nothing more than legal conclusions and bald assertions of tortious conduct while absent of any factual representations that would demonstrate a viable claim for relief.”
For counts of violating free speech, equal protection rights and due process rights under the First, Fourth, Fifth, Fourteenth Amendment to the U.S. Constitution, the plaintiff is seeking the following relief:
• A declaratory judgment that the defendants violated plaintiff’s constitutional rights to free speech, equal protection and due process;
• Compensatory damages against all defendants, jointly and severally, in an amount to be determined at trial;
• Restore plaintiffs previously aired videos and rights to air content;
• Award punitive damages against all defendants;
• Enter an award for costs, expenses, and fees 42 U.S.C. Section 1988; and
• Such reasonable relief as this Honorable Court may deem just and proper plaintiff hereby demands a jury trial.
The plaintiff is representing himself in this matter.
Defendants City of Scranton and Cognetti are represented by Jenna Kraycer Tuzze, John M. Price and Kimberly Kost Scanlon of Oliver Price & Rhodes, in Clarks Summit.
U.S. District Court for the Middle District of Pennsylvania case 3:23-cv-01635
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com