State Sen. Dan Laughlin and his wife never denied that, between the two of them, they took hundreds of copies of the free Erie Reader newspaper in July 2022. They said they wanted to prevent people from reading a political rival's column that criticized Laughlin and fellow Republican Donald Trump.

The question was whether Laughlin and his wife, Peggy, should be held liable in civil court over what the Erie Reader characterized as the couple's theft of the copies of the monthly publication from convenience stores and elsewhere in Erie County.

A magistrate judge has sided with the Laughlins and dismissed a civil complaint in which the Erie Reader sued them in June for $12,000 in damages — the highest amount a plaintiff can demand in small-claims court.

Erie 2nd Ward District Judge Ed Wilson tossed the case without comment following a 75-minute hearing on Wednesday.

Lawyers for Erie Reader, Laughlins make their cases

The lawyer for the Erie Reader, Timothy McNair, argued to Wilson that the removal of the newspapers went against common practice and harmed the Erie Reader, though it is free, by limiting its readership and the range of its advertisers.

"The actions of the Laughlins in stealing hundreds of copies of the newspapers interfered with exposing advertisers to the public," McNair said in court. He said the Laughlins showed they believe "they do not need to adhere to widely accepted norms — one of them is that you do not take handfuls of newspapers, even if they are free."

"The Laughlins," McNair said, "intended to interfere with the right of people to read the editorial content."

The Laughlins' lawyer, John Mizner, argued that the Laughlins, who were not charged with a crime, did nothing wrong.

Mizner said the Erie Reader places no limit on how many copies a person can take. The Laughlins, he said, were justified in removing the papers because they believed the column defamed the senator — a claim Dan Laughlin is making in a drawn-out lawsuit he filed against the Erie Reader in Erie County Common Pleas Court in August 2022. The Erie Reader is arguing the column is an opinion piece protected under the First Amendment.

The Laughlins took the papers "because they believed it was defamatory and didn't believe that other people should read something that they believed was lies," Mizner told Wilson about the column, which the Erie Reader also posted online.

The Laughlins did not attend the hearing and were not required to do so, Mizner said.

The Erie Reader can appeal Wilson's ruling to Common Pleas Court. McNair said he will discuss what to do next with the Erie Reader, whose cofounder and co-editor, Adam Welsh, testified at the hearing.

"Obviously, we are disappointed," McNair said.

Mizner said the dismissal proved that the Erie Reader lacked evidence for its claims. He called the civil complaint "a political stunt."

Dan Laughlin did not immediately respond to a request for comment.

Litigation over column coincides with election

Laughlin, a Millcreek Township resident, is running for reelection for a third consecutive four-year term for state Senate in the 49th District, which encompasses most of Erie County. His Democratic opponent in the Nov. 5 election is Jim Wertz, who wrote the disputed column in the Erie Reader.

As the campaign advances, the Erie County Democratic Party is focusing on the libel suit and the taking of the newspapers. The party's political action committee recently posted a billboard that declares DanHatesFreeSpeech.com, which promotes a website on the Laughlin cases.

The libel suit fueled the Erie Reader's civil complaint. Welsh testified on Wednesday that the Erie Reader sued after the Laughlins were deposed in the libel case and said they took the newspapers.

Peggy Laughlin was deposed in May 2023. Dan Laughlin was deposed in April of this year. The depositions were evidence on Wednesday.

Column mentioned Trump. Jan. 6 Capitol riots

Peggy Laughlin said in her deposition that she took "hundreds" of newspapers. Dan Laughlin testified he collected 20 "nice, crisp, fresh copies for myself."

Peggy Laughlin said she took the papers to "prevent maybe somebody from reading all of the ridiculous, unjustified, completely dishonest, unprovoked attack on my husband."

The Erie Reader published the column in its print issue of July 13, 2022. It was called "A Congressman and a State Senator Walk Into a Bar."

The title referred to Laughlin and fellow Republican U.S. Rep. Mike Kelly, of Butler, whose 16th Congressional District includes Erie. Wertz, the writer, claimed in the column that Laughlin and Kelly "found themselves on a pardon request list" before President Trump following the attacks on the U.S. Capitol on Jan. 6, 2021.

Kelly criticized the column at a news conference. He did not sue.

Original article by: epalattella@timesnews.com or 814-870-1813. Follow him on X @ETNpalattella.