A Botetourt County man, his son and their attorney have responded to a former high school principal's defamation lawsuit with a court filing that argues the content of fliers distributed in early October is protected by the First Amendment.

The Tuesday filing in Botetourt County Circuit Court by Danny H. Goad, son Cullen D. Goad and attorney Melvin Williams asks that the lawsuit filed Dec. 5 by former Lord Botetourt High School Principal Tim Bane and his attorney Bill Cleaveland be dismissed.

The fliers, allegedly distributed in Botetourt County by the Goads at an Oct. 7 home football game and two days later at two churches, implied that Bane's reassignment in June could have resulted from criminal behavior — such as embezzlement or abuse of a student — or professional misconduct.

The Goads neither admit nor deny placing the fliers. Yet their court filing suggests the leaflets addressed a matter of public concern.

Botetourt County Public Schools Superintendent Tony Brads has said repeatedly that the reason for Bane's reassignment was and is a confidential personnel matter and that the principal had violated neither the law nor school board policy. Bane works as a safety officer for the school division.

Bane's lawsuit charged that the fliers had damaged his reputation and profession, and caused "shame, embarrassment and humiliation." It sought $75,000 in compensatory damages and $250,000 in punitive damages.

The response from the Goads and Williams contends that Bane, as a high school principal, was a public figure and, as such, any legal action would need to prove that there was "actual malice" in distributing the fliers. Their filing suggests Bane could not prove such malice was involved.

The Goads' response contends the fliers "sought to arouse public concern about why a principal of a public high school was reassigned from his position and why the prosecutor in the county had done nothing about it."

On Tuesday, Cleaveland said he had not yet read the Goads' response. He said he does not agree that Bane was a public figure as a high school principal.

The Goads' filing raises other issues with the defamation suit, arguing, for example, that Bane would not be able to prove that all the statements in the leaflets were false.

Maj. Delbert Dudding of the Botetourt County Sheriff's Office has said deputies working the Oct. 7 football game observed Danny and Cullen Goad at the scene and instructed them to stop distributing the fliers.