Provo judge orders supplemental briefing on defamation and First Amendment questions in State v. Mark Allen; oral argument set for Aug. 17

A judge in the Fourth District Court in Provo ordered supplemental briefing on whether First Amendment and defamation law affect a motion to dismiss in State of Utah v. Mark Allen, Case No. 211401656, and set oral argument for Aug. 17 at 3 p.m.

The judge said he had researched related case law and is concerned about how protected-speech and public-forum principles might intersect with the pleading and contract-law issues in the case. “I am really concerned about this,” the judge said while explaining the need to review authorities on when statements filed in or made to the court are constitutionally protected.

Defense counsel had said the main briefing was complete and asked the court to read a recently filed reply before holding oral argument, saying, “If the court hasn't read the reply, I'd prefer that the court reads the full briefing before we have oral argument.” The prosecutor identified themselves as representing the Utah Attorney General's Office and the victim’s representative, Laurie Hobbs, was present in court.

The judge directed counsel to file supplemental briefing addressing the flagged questions and set a submission deadline: briefs must be filed no later than Friday, July 29, by 5 p.m. He proposed two possible argument dates and set oral argument for Aug. 17 at 3 p.m. The parties agreed to the schedule in court.

The court’s order to address defamation and First Amendment issues narrows the issues the judge will consider before ruling on the motion to dismiss; the judge also noted that contract-law questions about parties’ intent could require consideration of communications outside the pleadings. The matter was continued to the Aug. 17 oral-argument date so the judge could read the supplemental filings before hearing argument.