Will Folks of Fits News dodges jail and fine in confidential-source dispute

Will Folks, the “Bad Boy” of South Carolina journalism, won’t face jail or a fine for refusing to divulge his confidential sources in an upcoming libel trial in a lawsuit against Folks brought by a former state representative.

However, plaintiff Kenny Bingham, who asserts Folks libeled him, will be allowed to have the trial judge instruct the jury, basically, that Folks operated without sources in defending the story that Bingham claims defamed him.

The jury “must presume as a matter of law that the defendants (Folks and Fits News) had no individual sources for the allegedly defamatory matters published in the stories ...,” wrote state Judge William Keesley in an opinion handed down Monday afternoon.

At issue are the identities of several confidential sources quoted by Folks in articles on his online opinion-news site, called Fits News. In a lawsuit against Folks and Fits News, Bingham, a former state representative, charged that the sources falsely implicated him in criminal activity linked to alleged public corruption at the State House. Bingham has demanded to know their identities, as he is entitled to under the law, so he can defend himself.

Keesley’s Monday opinion is the result of a hearing held July 6 at the Lexington County courthouse.

In that hearing, Folks told the judge the sources spoke to him under the condition that their names not be revealed and that he regards that as a contractual matter between him and the sources.

“This case reveals the tension involved in protecting both free speech and the right of a person not to have his reputation wrongfully damaged,” Keesley wrote in his Monday ruling.

In his opinion, Keesley also referred to Fits News’ motto of “Unfair. Unbalanced.”

“If that is a comedic attempt, it certainly conveys no humor to one who is defamed,” Keesley wrote.

Pete Strom, an attorney for Folks, said Monday: “We thought the judge did an excellent job balancing the interests of the journalist and his duty to keep the sources confidential, and we believe the remedy he provided was more than fair. Journalists should not face jail when protecting sources.”

This story was originally published September 25, 2017 at 6:15 PM with the headline "Will Folks of Fits News dodges jail and fine in confidential-source dispute."