Monday, August 5, 2013

Recent Texas defamation case clarifies some aspects of the law in the state

Over a year ago, I wrote about a case making its way through the courts in Texas that I thought would have important consequences on how the media reported the news.  Go here for my original post.  

The case is called Neely v. Wilson and the most recent opinion is the Texas supreme court's review of a motion for summary judgment granted in favor of the defendants.  The defendants had based their argument on the notion of "substantial truth" and the plaintiff argued that his evidence raised a question of material fact as to whether the statements made by the defendants were in fact substantially true.  The supreme court agreed and remanded the case.

However, the court also touched upon some of the other defenses and issues I discussed in my original post. It discusses the fair comment privilege and the official/judicial proceedings privilege.  You can read the opinion here.

Thanks to Jamie Baskin for the link!