An Arlington County Board candidate is suing The Washington Post over the publication’s reporting on her age.
The lawsuit by independent candidate Audrey Clement, which alleges age discrimination and defamation, concerns a candidate questionnaire that the Post ran in October 2021.
Clement reported on the questionnaire that she was 52 years old — but a review of government records indicated she was actually 72, according to the Post. The newspaper ran a correction and a follow-up story about the discrepancy.
In a civil complaint filed pro se in U.S. District Court for the District of Columbia in February, Clement argued that the Post’s questionnaire and subsequent reporting violated the Age Discrimination Act of 1975, which prohibits age discrimination “in programs or activities receiving Federal financial assistance.”
“The candidate form rejected any entry but a positive number, and it would not submit when I left the field blank,” she wrote. “In this way the Post compelled me to report protected information or forfeit the opportunity to extend my candidate outreach effort to a wider audience.”
Clement, a repeat candidate for various local offices for more than a decade, further alleges that the Post’s reporting “has negatively impacted my subsequent runs for public office, as well as employment prospects.”
In a motion to dismiss, the Post claims that Clement never disputed the accuracy of the newspaper’s reporting, never sought a correction, and failed to show how the privately owned newspaper would be subject to the 1975 Age Discrimination Act.
According to the Post, the candidate refused to confirm her age in response to follow-up questions, but said she had “achieved the age of 52.”
“I believe that The Washington Post doesn’t have any right to require that information of me or any other political candidate,” Clement told the newspaper. “I believe that it is a violation against my civil right and a manifestation of ageism.”
For relief, Clement wants the Post’s story on the discrepancy “to prominently display a disclaimer” about the Age Discrimination Act. She also wants the newspaper to stop “requiring” candidates to report their age.
The Post, which reportedly found Clement’s true date of birth in voter registration records and a traffic ticket, argues that reporting factual information does not constitute defamation and that candidates aren’t “compelled” to answer a voluntary questionnaire.
Moreover, the publication says that Clement’s requested relief would violate the First Amendment.
“Because the claims are incurably defective, the Court should dismiss the Complaint with prejudice,” the Post wrote in a court filing.
The next hearing on the case — to address additional information sought by the court before deciding on the Post’s motion to dismiss — is scheduled for Dec. 5.
The paper, which is currently dealing with the fallout over its recent decision to forgo endorsing a presidential candidate, declined to comment on the lawsuit.
ARLnow Senior Reporter Scott McCaffrey contributed to this story.
