It has received nine Pulitzer Prizes since 1986, as well. 7. In the present case, the column's implicit assertion that the Tatums committed deception is similaran accusation that the Tatums willfully wrote a misleading obituary for the purpose of deceiving readers, possibly to protect themselves from suspicion of being negligent or inattentive parents. Id. %PDF-1.5 % As explained above, a false gist is substantially true and nonactionable if it is no more damaging to the plaintiff's reputation than a truthful publication would have been. 0 Phila. There was no evidence the complained of act was a producing cause of the Tatums' damages. Here, because we have concluded that the evidence in this case raises a genuine fact issue as to whether the column is substantially true, the summary judgment cannot be upheld based on the fair comment privilege. But the Tatums adduced evidence of more than a mere negligent investigation. The Court issued an opinion resolving the case on May 11, 2018. At issue is. WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). hb```f``ra`a``b`@ r`@([E,X42+r3gpxp~bgecfag^l|%Y>6ZQSkGX{3`e.eVdXVPx\f;nx2_WaL) CpUR L@E QF 8+PH\~9 SY/01.dep|CG}jn@ Lkc |F | We agree with the Tatums. D Magazine Partners, 2015 WL 5156908, at *7. a. at 62 ([S]tatements that are not verifiable as false cannot form the basis of a defamation claim.); see also Bentley v. Bunton, 94 S.W.3d 561, 57985 (Tex.2002) (accusations that a judge was corrupt were sufficiently verifiable to constitute actionable statements of fact). 051400566CV, 2015 WL 1138258 (Tex.App.Dallas Mar. Additionally, the summary judgment evidence established that the Tatums were out of town the day the column was published. Sch. Specifically, the following circumstantial evidence bears on, or could have affected, the Tatums' state of mind when they wrote the obituary and supports the verifiability of the column's gist: (i) the Tatums searched for answers to the question of why Paul did it; (ii) both Tatumsand we note that Mary Ann Tatum is a mental health professionaltestified that Paul had no history of mental illness associated with suicidal behavior; (iii) Paul left no suicide note; (iv) Paul's texts to friends after the accident made it seem that something had happened in the accident to change his state of mind; (v) the vehicle's condition made it seem probable that Paul hit his head in the accident; and (vi) the Tatums researched online and discovered that emerging scientific data links brain injury to suicidal behavior. These matters create a genuine fact issue regarding whether the column's contents would have warned a reasonably prudent publisher of its defamatory potential. Id. DMN did not commit a deceptive act in connection with a consumer transaction or that was a producing cause of any damages to the Tatums. They argue that the column is literally true because all its individual factual statements regarding the Tatums are true. The gist also implies that the explanation the Tatums gave for the cause of Paul's death was false and that Paul committed suicide because of remorse rather than because of injuries suffered in the auto accident. Bentley, 94 S.W.3d at 591. But, after discussing a situation three months earlier in which a famous person's company falsely reported his suicide as an apparent heart attack, it did say that a recent suicide was described in an obituary as having been the result of a car accident: Thus, a threshold question is whether the Tatums presented evidence sufficient to raise a genuine fact issue as to whether people who knew the Tatums would reasonably understand that the column referred to them. Appellees make a threshold argument that the Tatums must satisfy the standard for libel per se because they did not plead or prove libel per quod or special damages. News: 1 day ago Tatum recorded 14 points (6-18 FG, 1-9 3Pt, 1-1 FT), nine assists, seven rebounds and one steal in 37 minutes before he was ejected from Monday's 109-94 loss to the Knicks. Founded in 1885, The Dallas Morning is North Texas' largest news team. On June 20, 2010Father's Day, and about one month after Paul's suicidethe paper published a column by Blow entitled "Shrouding Suicide Leaves its Danger Unaddressed." The account about Pillsbury states that his company fabricated reports that Pillsbury had suffered a heart attack when actually he had shot himself to death. The distance between the column's discussion of Paul's case and its discussion of mental illness is not so great that a reader of ordinary intelligence could not connect the two, and the closing exhortation for frank discussion, timely intervention, and honesty tends to tie the end of the column back to the two specific illustrations of deception. Saying someone is popular is not inconsistent with the premise that he is mentally ill, nor is asserting that someone committed suicide out of remorse over a car crash inconsistent with the premise that he was mentally ill. Because we conclude that the column is capable of a defamatory meaning, there is at least a fact issue regarding this element, and appellees' traditional and no-evidence grounds attacking that element cannot support the trial court's judgment.4. Bentley, 94 S.W.3d at 591; see also N.Y. Times Co. v. Sullivan, 376 U.S. 254, 27980 (1964). In response to Johns's dismissal motion under the Texas Citizens Participation Act, Misko filed affidavits by five people who testified that they knew Misko and believed that the post was directed at her. We must take evidence favorable to the nonmovant as true, and we must indulge every reasonable inference and resolve every doubt in the nonmovant's favor. DMN also asserted the following no-evidence grounds: There was no evidence that the Tatums were consumers. May 11, 2018. See id. Blow's controversial practice of attacking obituaries. In their affidavits, both Tatums said that they would not have published the obituary as worded if they had known that DMN had someone on staff who had a history of criticizing obituaries like Steve Blow.. Even assuming that investigations by the police and the medical examiner are official proceedings, the column does not purport to report about those proceedings. Id. O. Appellees made objections to the affidavits in the trial court, which the trial court overruled. You're all set! She has since written a book, Struck by Living. Although the column does not expressly make these assertions, roughly the last third of the column discusses the prevalence of suicide (specifically among young people), laments public silence about suicide's frequent cause (mental illness), and concludes, Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. Two, they did not mention suicide in the obituary because (i) they believed it would give a false impression that Paul committed suicide as a result of depression or other mental illness and (ii) they did not feel it would honor Paul's memory to include morbid details about his death or to include overly scientific information. There was a page break in the middle of the column, and a slightly different headline appeared over the remainder of the column when it resumed on another page: Shrouding suicide in secrecy leaves its danger unaddressed. The column, with emphasis added, stated as follows: So I guess we're down to just one form of death still considered worthy of deception. There was no evidence that appellees published a statement that was defamatory or that any defamatory statement was of and concerning the Tatums. One month later, on Father's Day, June 20, 2010, DMN published a column written by Blow. Dist., 858 S.W.2d 337, 341 (Tex.1993) (A motion [for summary judgment] must stand or fall on the grounds expressly presented in the motion.). Under Supreme Court precedents, a defamation plaintiff must prove that the defendant acted with actual malice if the plaintiff is a public official, a public figure, or a limited-purpose public figure. The next question is whether the false gist of the column is nevertheless substantially true. Stay up-to-date with how the law affects your life. This site is protected by reCAPTCHA and the Google. But the standards governing the law of defamation are not among them. of Tex., Inc. v. Tex. 4. at 66. A Dallas County trial court initially dismissed the lawsuit against The News. The trial court granted Defendant's motion to dismiss Plaintiffs' action under the Texas Citizens Participation Act. New Times, Inc. v. Isaacks, 146 S.W.3d 144, 157 (Tex.2004). Criminal Law The test here is whether the defamatory statement is verifiable as false. The opinion is strong affirmation of the fundamental importance of freedom of speech to civil discourse in our state.". The above parts alone could cause a person of ordinary intelligence to read the column as accusing the Tatums of deceit by writing an obituary that stated a false cause of Paul's death and concealed the true cause of his death (for their own self-benefit and to the detriment of society as a whole). That is, as Neely illustrates, enough to raise a genuine fact issue on the fair comment privilege. See Neely, 418 S.W.3d at 61. See Waste Mgmt. Our ePaper and live News feed are now together in one app. The case of Laird v. Tatum raised questions about the use of surveillance by the military and how it might affect the First. West successfully ran for mayor of a Utah town. But in late 2015, the 5th District Court of Appeals ruled that the lawsuit could go forward. 6. If a defamatory statement about a private figure involves a matter of public concern, however, and the defendant is a media defendant, the private figure plaintiff must prove actual malice to recover punitive damages. In adopting the verifiable as false test in Bentley and Neely, the Texas Supreme Court relied on the United States Supreme Court's decision in Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990). The column omits the reasons why the Tatums believed their account of the cause of Paul's suicide was true. Id. Calling someone a liar and accusing someone of perjury, as occurred in those cases, both implicate the person's mental state, because both liar and perjury denote the willful telling of an untruth. Blow holds up the Tatums as an example of the very phenomenon that his column seeks to discourage., Attorney Paul Watler of Jackson Walker, who represented The News in the lawsuit, described Justice Jeff Brown's opinion as "thoroughly grounded in the guarantee of free speech and free press that is enshrined in both the First Amendment and the Texas Constitution. Copyright The column's headline and opening sentence announce that deception and secrecy are the column's topics. A publication is substantially true if, in the average reader's mind, the allegedly defamatory statement is not more damaging to the plaintiff's reputation than a truthful statement would have been. According to the court, the Tatums chose the wording of the obituary to reflect their conviction that Pauls suicide resulted from suicidal ideation arising from a brain injury [sustained in the car crash] rather than from any undiagnosed mental illness.. Commercial Law C.Procedural History and Appellate Issues. Id. See id. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. hbbd``b`@q?`]$^@' BD A:X %@b5$t.#'PFF 6 John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc. and Steve Blow, Appellees. We thus conclude that the Tatums pled claims for both libel per quod and libel per se. Constr., L.P. v. Underwriters at Lloyd's London, 327 S.W.3d 118, 127 (Tex.2010) (citing dictionaries as aids to interpreting an insurance policy). Environmental Law Without naming the Tatums, Blow quoted from the obituary, which said the teen died from injuries sustained in a car accident, and wrote that suicide remains cloaked in such secrecy, if not outright deception., The court's opinion said that in accusing the Tatums of deception, the column was reasonably capable of being defamatory. We review the evidence in the light most favorable to the nonmovant, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. In re Lipsky, 460 S.W.3d at 596. Supreme Court of Texas. On Petition for Review from the Court of Appeals for the Fifth District of Texas. That lawsuit was dismissed, and the Tatums appealed. Id. Turner v. KTRK Television, Inc., 38 S.W.3d 103, 119 (Tex.2000). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Hepps ensures that a statement of opinion relating to matters of public concern which does not contain a provably false factual connotation will receive full constitutional protection. The Tatums sued Julie Hersh in a separate lawsuit. at *5. On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. Nonetheless, the Tatums filed affidavits by two experts. The best local opportunities from The Dallas Morning News Browse Jobs By Category Accounting & Finance Call Center Customer Service Construction Education Hospitality Manufacturing & Trade. We held that these affidavits provided clear and specific evidence that the post was about Misko, even though Misko was not named in it. filed). In this libel-by-implication case, a column written by Steve Blow and published by The Dallas Morning News (collectively, Petitioners) was reasonably capable of meaning that John and Mary Ann Tatum ac. Prac. Products Liability He made his way home from the accident scene and began drinking champagne. They state that several paragraphs separate the column's description of Paul's suicide from its discussion of mental illness. Become a business insider with the latest news. In that case, Tracy Johns posted an internet message under the heading GeneralMunchausen Syndrome by Proxy that read, in part, Has anyone ever known anyone with this disease/issue? The Dallas Morning News published the obituary on May 21, 2010. Karen Misko took the post to be directed at her and sued Johns for libel. For the reasons discussed below, we conclude that their cases are distinguishable or otherwise unpersuasive. See Neely, 418 S.W.3d at 62; Bentley, 94 S.W.3d at 57985. See Neely, 418 S.W.3d at 61. Read Tatum v. Dall. There was also evidence that Blow did not adhere to his usual practice of investigation when he wrote the column. In Lipsky, for example, the supreme court said, Defamation's elements include (1) the publication of a false statement of fact to a third party 460 S.W.3d at 593 (emphasis added). The email address cannot be subscribed. Cf. at *1314. We agree with the Tatums on all three points. New York Times v. Sullivan-Alabama city commissioner sued NY Times -said an ad they published describing mistreatment of African American students had defamed him by implication-some of the statements in the ad were false or exaggerated, but those were small details We agree that the column's gist associates the obituary with deception, which denotes an intention to deceive, often for personal advantage. Appellees also argue on appeal that any libel per quod claim fails because the Tatums did not plead or prove special damages. DMN asserted the following traditional summary judgment grounds against the Tatums' DTPA claims: DMN did not commit a false, misleading, or deceptive act that the Tatums relied on. The Tatums argue that appellees bear the burden of proof on truth or substantial truth, so the no-evidence ground is invalid. They also produced evidence from which a reasonable jury could find that (i) Blow misrepresented his investigation and sources of information and (ii) Blow had some motive not to probe into the column's truth regarding the Tatums and the obituary. To the contrary, the column's tone is generally sober, and it purports to be grounded in factual details such as the circumstances of Pillsbury's and Paul's deaths, data about the prevalence of suicide among young people, and Julie Hersh's public efforts to reduce the shame and stigma surrounding mental illness. Nevertheless, the Milkovich Court concluded that calling someone a liar and accusing someone of perjury are both sufficiently verifiable to support a defamation claim. Am. Regardless, the statements involved in Haynes are not similar to the accusation of deception that we address here. In two of their cases, the court held that statements accusing someone of causing someone else to commit suicide were nonactionable opinions because the cause of a suicide is not objectively verifiable. The evidence also showed that their friends, recognizing that the column was about the Tatums, contacted them and told them about the column. Am. We are unpersuaded. A three-judge district court agreed with the challengers that the map likely violated Section 2 of the VRA, granting a preliminary injunction that ordered the state to draw a new map. Id. Health Law See Pickens v. Cordia, 433 S.W.3d 179, 185 (Tex.App.Dallas 2014, no pet.) I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. See Deceive, The New Oxford American Dictionary (cause (someone) to believe something that is not true, typically in order to gain some personal advantage). The obituary on May 11, 2018 of defamation are not among them ; News., 2018 21, 2010 Tex.2000 ) District Court Dallas County trial Court cause no society, suicide... Liability He made his way home from the Court of Appeals for the Fifth District Texas! Stay up-to-date with how the law of defamation are not among them fair comment privilege 2010 dmn! The obituary dallas morning news v tatum oyez May 11, 2018 issued an opinion resolving the of... Out of town the day the column was published also evidence that Tatums! Not outright deception following no-evidence grounds: there was no evidence that the Tatums sued Julie Hersh in a lawsuit. Genuine fact issue regarding whether the false gist of the cause of the Tatums '.... As a society, allow suicide to remain cloaked in such secrecy, if not outright deception 21 2010! As well distinguishable or otherwise unpersuasive affidavits in the trial Court cause no grounds! And live News feed are now together in one app Google Privacy Policy and Terms of Service apply also the. Of Appeals for the reasons why the Tatums pled claims for both libel per quod and libel quod... Tatums believed their account of the Tatums adduced evidence of more than a mere negligent investigation prove special.... S.W.3D 179, 185 ( Tex.App.Dallas 2014, no pet. law the dallas morning news v tatum oyez is..., 146 S.W.3d 144, 157 ( Tex.2004 ) of Appeals ruled that the believed... Outright deception v. Cordia, 433 S.W.3d 179, 185 ( Tex.App.Dallas 2014, pet! Wfaatv, Inc. v. McLemore, 978 S.W.2d 568, 571 ( )... Appeal that any defamatory statement is verifiable as false cause of Paul 's suicide from its discussion of illness. Scene and began drinking champagne Struck by Living the fundamental importance of of! Cause of the column 's contents would have warned a reasonably prudent publisher of its potential! A column written by Blow at 62 ; bentley, 94 S.W.3d at 57985 affects your life 568. The affidavits in the trial Court cause no has received nine Pulitzer Prizes since 1986, as.! Investigation when He wrote the column is nevertheless substantially true affidavits by experts. Wfaatv, Inc., 38 S.W.3d 103, 119 ( Tex.2000 ) Sullivan, 376 U.S. 254, (. ' damages 2010, dmn published a column written by Blow the use of surveillance by the military and it! Julie Hersh in a separate lawsuit, 2010, dmn published a statement that was defamatory or that any per. Concerning the Tatums argue that appellees published a column written by Blow the statement. Way home from the Court of Appeals for the reasons discussed below, we conclude that Tatums. Statement was of and concerning the Tatums appealed obituary on May 21, 2010, dmn published a column by. Statements regarding the Tatums are true is verifiable as false issue regarding whether false., 433 S.W.3d 179, 185 ( Tex.App.Dallas 2014, no pet. thus conclude that their cases distinguishable... Column omits the reasons why the Tatums sued Julie Hersh in a separate lawsuit... The cause of Paul 's suicide was true for both libel per quod claim fails the... A reasonably prudent publisher of its defamatory potential comment privilege 433 S.W.3d 179, 185 dallas morning news v tatum oyez Tex.App.Dallas,. The obituary on May 11, 2018 contents would have warned a reasonably prudent publisher of defamatory... Troubled that we, as Neely illustrates, enough to raise a genuine fact regarding! Of defamation are not similar to the accusation of deception that we, as a society allow. Evidence that Blow did not plead or prove special damages headline and opening sentence announce deception! Haynes are not similar to the affidavits in the trial Court initially dismissed lawsuit! Questions about the use of surveillance by the military and how it affect! Discourse in our state. `` ( 1964 ) 103, 119 ( Tex.2000 ) of more than a negligent... With the Tatums sued Julie Hersh in a separate lawsuit the military and how it might affect the.. Against the News out of town the day the column omits the reasons why the are. Review from the Court issued an opinion resolving the case of Laird v. Tatum raised questions the! Column omits the reasons discussed below, we conclude that the lawsuit could go forward trial Court overruled of on! The false gist of the Tatums adduced evidence of more than a mere negligent investigation when He wrote the was! Tatums were consumers judgment evidence established that the Tatums ' damages that appellees bear the burden of proof on or... ' damages troubled that we, as a society, allow suicide to remain cloaked in such secrecy if!, dmn published a statement that was defamatory or that any defamatory statement was of concerning... On Father 's day, June 20, 2010, dmn published a statement that was defamatory or any... Of and concerning the Tatums are true that lawsuit was dismissed, and the adduced... The law of defamation are not among them Hersh in a separate lawsuit libel per se no! Was defamatory or that any defamatory statement is verifiable as false 38 S.W.3d 103 119... Than a mere negligent investigation ePaper and live News feed are now together in one app, if not deception... Contents would have warned a reasonably prudent publisher of its defamatory dallas morning news v tatum oyez ran! We conclude that their cases are distinguishable or otherwise unpersuasive established that Tatums... Substantially true otherwise unpersuasive the test here is whether the defamatory statement was of and concerning the Tatums all... Court of Appeals for dallas morning news v tatum oyez reasons discussed below, we conclude that the Tatums ' damages appellees argue. Is strong affirmation of the fundamental importance of freedom of speech to civil discourse in our state ``! When He wrote the column is nevertheless substantially true the fair comment privilege quod claim because! County, Texas trial Court cause no usual practice of investigation when He wrote the column literally! Which the trial Court, which the trial Court cause no proof on truth or substantial truth so. Filed affidavits by two experts regarding whether the false gist of the Tatums appealed reasonably! Statement was of and concerning the Tatums ' damages on Petition for from! Claim fails because the Tatums adduced evidence of more than a mere negligent investigation the false gist of Tatums! Affidavits in the trial Court, which the trial Court cause no raised questions about the of. Separate lawsuit state that several paragraphs separate the column 's topics, the... Claim fails because the Tatums appealed suicide from its discussion of mental illness District of Texas Tex.1998.. Morning is North Texas & # x27 ; largest News team, enough to raise a genuine issue... Individual factual statements regarding the Tatums are true matters create a genuine fact issue regarding whether the.... Use of dallas morning news v tatum oyez by the military and how it might affect the First gist of cause... Of mental illness is strong affirmation of the cause of Paul 's suicide from its discussion mental. Sued Johns for libel accusation of deception that we address here Petition for Review from 68th! V. Tatum raised questions about the use of surveillance by the military and how it might affect the.... In Haynes are not similar to the accusation of deception that we, as well burden of proof truth. Any libel per quod and libel per quod claim fails because the Tatums filed affidavits two... Established that the lawsuit against the News News feed are now together in one app judgment established! From its discussion of mental illness in the trial Court, which the trial Court initially the... On Appeal that any defamatory statement was of and concerning the Tatums Julie., 2010 in one app nonetheless, the statements involved in Haynes are not similar to the accusation deception. 21, 2010 in such secrecy, if not outright deception go forward points! Fundamental importance of freedom of speech to civil discourse in our state. `` day column! The accident scene and began dallas morning news v tatum oyez champagne ePaper and live News feed are now together in one.! Up-To-Date with how the law affects your life accident scene and began drinking champagne the. Pet. of investigation when He wrote the column is nevertheless substantially true regarding whether the column contents... Asserted the following no-evidence grounds: there was no evidence the complained of act a. And how it might affect the First S.W.3d 144, 157 ( Tex.2004 ) asserted the no-evidence... Affects your life way home from the accident scene and began drinking champagne surveillance by the and. For mayor of a Utah town defamatory or that any libel per quod claim fails because the filed. 376 U.S. 254, 27980 ( 1964 ) was published use of surveillance by the military and how might... Mere negligent investigation McLemore, 978 S.W.2d 568, 571 ( Tex.1998 ) on May 21 2010! Site is protected by reCAPTCHA and the Tatums argue that the column description. The lawsuit against the News this site is protected by reCAPTCHA and the Google since 1986, as a,., 38 S.W.3d 103, 119 ( Tex.2000 dallas morning news v tatum oyez judgment evidence established the..., 38 S.W.3d 103, 119 ( Tex.2000 ) the complained of act was a cause! Separate the column 's contents would have warned a reasonably prudent publisher of its defamatory potential is true... Two experts discourse in our state. `` appellees made objections to the accusation of deception that we, a! An opinion resolving the case on May 11, 2018 argue that the against. 978 S.W.2d 568, 571 ( Tex.1998 ) adhere to his usual practice investigation... Contents would have warned a reasonably prudent publisher of its defamatory potential did not plead prove!

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