A Vermont dad took the Burlington Free Press to court for not covering his son’s basketball games, but a judge recently tossed out his lawsuit, citing the state Constitution’s protection of press freedom.

On May 20, Vermont Superior Court Judge Benjamin Battles dismissed Robert Lafayette’s suit against the newspaper and its subsidiary, Vermont Varsity Insider, a platform created in 2018 to provide coverage of high school sports. 

Lafayette sued the paper and two of its employees, Alex Abrami and Judith Altneau, accusing them of failing to cover high school sports outside of Chittenden County, particularly his son’s basketball games.

Lafayette alleged the Vermont Varsity Insider has focused predominantly on Chittenden County Schools — some of which have advertising and commercial interests with the news organization — despite claiming to provide statewide coverage. He claimed his son’s performances were not featured during the 2024-25 season. According to Lafayette, this hurt his son’s college prospects and caused him stress and anxiety, gastrointestinal distress and panic attacks that he had to treat with medication. 

Lafayette sued for compensatory and punitive damages for violation of the Consumer Protection Act, breach of contract, negligent infliction of emotional distress and unjust enrichment.

Battles dismissed Lafayette’s complaint, upholding Article 13 of the Vermont Constitution, which protects freedom of speech and freedom of the press, including editorial decisions on the material included in a newspaper. 

Given that Vermont Varsity Insider reported on games throughout Vermont, the judge did not find validity to Lafayette’s allegations that its coverage was not truly statewide. 

A future hearing will determine whether Lafayette will face sanctions for using fake case citations and quotes in his filings, the judge ruled. The newspaper is also entitled to attorney fees under a Vermont law known as an anti-SLAPP statute (for strategic lawsuits against public participation), which allows defendants to file a motion to strike a complaint if the lawsuit arises from the exercise of the right of free speech.

The attorney for the Burlington Free Press declined to comment Wednesday, citing pending litigation.

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