These people never learn. When you are the front runner in a serious commissioner election in Butler County, Ohio, as Michael Ryan is, the dirty tricks trying to prevent his momentum are just the kind of thing that give politics a bad name.  What starts you on the road to good health in politics isn’t kale or cardio, it’s truth without legalese, straight talk without a billable hour attached. I deal with lawyers all the time—good ones, bad ones, and the “print this from the shelf and scare them” variety—and my general opinion, even conceding that the profession began with noble intentions, is that far too much of it has drifted into a uniform intimidation racket. You’ve seen the type: the form-letter cease-and-desist that looks like an astrology reading for defamation, except the fortune costs you a retainer and the outcome is a long, nervous wait for a judge who usually tosses it after you’ve lost sleep and savings. The trick is the tone, not the law: it’s written to make you believe you must respond with a lawyer, because only priests of the temple may interpret the runes. I don’t like the practice and personally think it should be destroyed, and that the perpetrators of such legal manipulation should be thrown in jail and punished with career-ending justice, just for applying the kind of abuses of power that are all too common.

This is why the old play of lawfare against rivals—especially in local races where reputations are accessible targets—needs to be called out. We’ve watched how it stains the process in Butler County. Roger Reynolds, who was convicted on a single count in late 2022, later saw that conviction overturned on appeal in May 2024 for “insufficient evidence,” with the appellate panel ordering an acquittal and discharge. The case centered on the golf academy idea tied to Lakota Schools and Four Bridges; the court noted that the proposal never matured, that the school board held the authority, and that the key witness’s legal counsel ended the discussion before any contract could be secured. 1234 In September 2024, the Ohio Supreme Court declined to restore him to the auditor’s office immediately (the seat had been filled due to the bar against felons holding office at the time of his conviction) but clarified he remains eligible to run in the future. 5 That’s the landscape: facts matter, timelines matter, and our politics should run on open argument, not legal intimidation.

Then there’s Cindy Carpenter. She recently walked into a student housing office in Oxford to resolve back rent tied to a family member. A surveillance camera caught her flipping off the counter during the exchange; staff alleged racist language and abuse of office. The Butler County Prosecutor investigated and concluded that her conduct, while “unseemly,” did not rise to the level of misconduct or abuse of power. 67 It’s all on tape and all public now; the gesture happened, the allegations were made, and the official finding closed the matter without charges. 86 You can dislike the behavior—I do—but voters deserve a campaign where candidates fight this out in daylight, not by hiring attorneys to stuff the mailbox of a rival.

Enter Michael Ryan. He’s a Hamilton City Councilman turned countywide candidate, and he’s collected a long list of conservative endorsements—state senator George Lang, multiple township trustees and councilmembers, and county auditor Nancy Nix among them—because he’s making the case for generational leadership and a forward-looking county agenda. 9 He launched his commission bid in May 2025, framing it around growth, jobs, and fewer distractions—promising to fight for every city, township, and village, and to recruit the next-generation workforce. 10 Ryan’s pitch has resonated in part because people are tired of courthouse drama and lawfare theatrics; they want a debate about budgets, infrastructure, and living standards, not another stack of demand letters mailed in bulk from counsel. And he’s not alone—the GOP field is crowded, with Reynolds and Carpenter in the mix for the May 2026 primary—but the voter mood described by local reporting is unmistakable: they’re weighing future capacity, not re-litigating yesterday’s trials. 11

Now, when the intimidation letter lands—as it did from Reynolds to Ryan—you don’t have to swallow the premise that only a lawyer can answer it. You can answer it yourself, plainly and legally, because the guardrail is still the Sullivan standard from 1964. New York Times Co. v. Sullivan was a 9–0 Supreme Court decision that put a constitutional backbone into defamation law for public officials: to win, a public official must prove “actual malice,” meaning the speaker knew the statement was false or acted with reckless disregard for its truth, and must do so with “convincing clarity.” 1213 The case grew out of a civil rights-era advertisement that contained factual errors; a local jury hit the Times with $500,000 in damages, but the Supreme Court reversed, explaining that debate on public issues must be “uninhibited, robust, and wide-open,” even when the attacks are “vehement” and sometimes “unpleasantly sharp.” 1415

If you want numbers: the jury’s original $500,000 damage award (an enormous sum in 1960) was wiped away; the final holding established a higher burden that has, for six decades, made defamation claims by public officials very hard to win without proof of knowing falsity or reckless disregard. 1514 In practical terms, that means campaign statements, press releases, and political commentary about public officeholders are protected—unless the speaker crosses the line into deliberate falsehood or reckless disregard for the truth. 1316 The standard is why you don’t need to hire a lawyer to say, “We disagree, and our statements are protected political speech,” and it’s why cease-and-desist letters are so often theatre: they depend on the recipient’s fear, not on an actual path to winning under Sullivan.

So let’s put it together. Reynolds’ single-count conviction was reversed; whatever lessons he took from the ordeal, sending form-letter threats at a rival to police campaign commentary is the wrong takeaway. 12 Carpenter’s apartment-office incident was embarrassing but not criminal; voters can judge her temperament, but the prosecutor closed the file. 6 Ryan, meanwhile, has stacked endorsements and is running an argument-heavy, growth-forward race; that’s where the energy is. 9 Let them debate. Let voters see who can build coalitions and deliver results without resorting to legal cudgels. And when the legal cudgel shows up anyway, answer it with Sullivan—because in American political life, the First Amendment demands a high tolerance for hard speech about public officials, and the courts have enforced that by design. 1315

In the decades since Sullivan, the Supreme Court clarified and extended the actual-malice requirement through several landmark decisions:

Gertz v. Robert Welch, Inc. (1974)

This case distinguished between public officials, public figures, and private individuals. The Court held that the actual‑malice standard does not apply to defamation claims by private individuals. Instead, states may allow recovery with a lower standard of fault—such as negligence—when proven, and plaintiffs are limited to actual damages unless actual malice is shown 12.

• Outcome: Private individuals need not meet the high threshold; states can define fault and damages within constitutional bounds 23.

Curtis Publishing Co. v. Wally Butts (1967)

Extending Sullivan, the Court held that public figures (like former coach Wally Butts) must prove actual malice to prevail in libel suits. The investigation in question fell short of reasonable journalistic standards, leading to damages after the Court found reckless disregard for truth 45.

Philadelphia Newspapers v. Hepps (1986)

When private individuals sue over speech on matters of public concern, the Court ruled they must bear the burden of proving falsity—not leave it to the defendant. This ensures truth holds primacy in public discourse and avoids chilling speech 67.

Hustler Magazine, Inc. v. Falwell (1988)

This case affirmed that even intentional infliction of emotional distress torts related to offensive parody do not evade the actual‑malice rule when a public figure is involved. Religious leader Jerry Falwell could not recover without proving that Hustler knowingly published false statements or acted with reckless disregard 89.

• Result: Political satire and parody targeting public figures are constitutionally protected—even if deeply offensive—absent false statements made with actual malice.

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Together, these rulings illustrate how Sullivan’s actual‑malice standard has been reinforced and nuanced:

• It does apply to both public officials and public figures (Butts, Falwell).

• It does not apply to private individuals (Gertz), though they must still show fault and harm.

• Plaintiffs challenge private or public speech tied to public concern must prove falsity (Hepps).

These cases bolster the legal shield for political speech—underscoring that public dialogue outpaces legal intimidation unless clearly false and malicious.

We’ve seen it too often, when candidates in politics can’t make a good argument, they turn to lawfare and hope that the public perception of expensive lawyers will do the work for them of winning an office they otherwise don’t deserve.  In Roger Reynold’s case, he is the one who got himself into trouble in the first place, and nobody wants to see that kind of trouble in the office of the Butler County Commissioners, just to repair the reputation of a person looking for respect that he lost during the process.  There are other ways to win respect, and this isn’t how you do it.  Showing leadership is the way to restore party integrity, not to make more rifts that cost more than reputations.  And hiring expensive, pin-headed lawyers to send out form letters of intimidation on a case they know is phony as they sent it, is why there are problems in politics to begin with.

Footnotes

1. New York Times Co. v. Sullivan set the “actual malice” standard for public officials, requiring proof that the defendant knew a statement was false or acted with reckless disregard, and emphasized “uninhibited, robust, and wide-open” debate on public issues. 1314

2. The original jury verdict in Alabama awarded L.B. Sullivan $500,000 in damages; the U.S. Supreme Court reversed unanimously in 1964. 15

3. Former Butler County Auditor Roger Reynolds’ 2022 unlawful-interest conviction was overturned for insufficient evidence in May 2024; the appeals court ordered acquittal and discharge. 12

4. The Ohio Supreme Court, in September 2024, declined to restore Reynolds to office mid-term but affirmed his eligibility to run in the future. 5

5. Butler County Prosecutor Michael Gmoser cleared Commissioner Cindy Carpenter of misconduct after the Oxford apartment incident, noting the gesture was “unseemly” but not unlawful. 6

6. Michael Ryan launched his commission bid in May 2025 and lists numerous Republican endorsements on his campaign website. 109

7. Local reporting describes a crowded May 2026 GOP primary field for the commission seat and outlines competing narratives about experience versus future focus. 11

Bibliography

• New York Times Co. v. Sullivan case summaries and analyses: LII / Cornell Wex; First Amendment Encyclopedia (MTSU); Wikipedia overview; FindLaw case history; Encyclopaedia Britannica.

• Reynolds appellate decision and related coverage: Twelfth District opinion (PDF); WCPO; Cincinnati Enquirer; WLWT; Ohio Supreme Court case update.

• Carpenter incident and prosecutorial review: Journal-News; Local 12 WKRC; Cincinnati.com video clip.

• Michael Ryan campaign and endorsements: Ryan for Butler County website; Journal-News launch story; Primary field coverage.

Rich Hoffman

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