It then denied rehearing on September 28, 2018 File Closed Opinions Issued Case Events Parties and Counsel Opinions May 11, 2018 Established in 1885, The Dallas Morning News is Texas' leading newspaper and the flagship newspaper subsidiary of DallasNews Corporation. 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. We determine substantial truth by assessing the publication's gist. See id. Appellees argue that a public controversy existed over the official cause of Paul's death. featuring summaries of federal and state Based on their view of the column's gist, appellees next argue that the cause of Paul's suicide and the Tatums' belief about that cause are irrelevant to the issue of truth. It has received nine Pulitzer Prizes since 1986, as well. According to an opinion from the Texas Supreme Court that reinstated a lower court ruling that favored the Morning News, the Tatums contend their son showed no sign of mental illness or. Appellees also assert that the obituary's omission of Paul's suicide shows that it was in fact a deception. But as discussed above, deception implies intent to deceive, and the Tatums raised a genuine fact issue as to whether they had such an intent. Here, the column did not mention Paul or the Tatums by name. Before Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. In part, we don't talk about suicide because we don't talk about the illness that often underlies itmental illness. At issue is. See id. As to the Tatums' first point, we agree that the column is capable of a defamatory meaning about them because a person of ordinary intelligence could read the column to accuse the Tatums of deception about the cause of Paul's death and a statement is defamatory if it impeaches a person's honesty or integrity. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. The column omits the reasons why the Tatums believed their account of the cause of Paul's suicide was true. Through honesty, she's trying to erase some of the shame and stigma that compounds and prolongs mental illness. But, here he did not attempt to contact the Tatums before publishing the column at issue in this case. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! The Tatums sued Julie Hersh in a separate lawsuit. In cases not covered by these mandates, Texas has generally made truth an affirmative defense to defamation. I'm told there was a time when the word cancer was never mentioned. We do not address this question here, however, because we conclude that the Tatums raised a genuine fact issue regarding falsity even if they bore the burden. 2015 WL 5156908, at *6 n.6. See Neely, 418 S.W.3d at 71 ([T]he allegedly defamatory statement cannot be what brought the plaintiff into the public sphere; otherwise, there would be no private figures defamed by media defendants.). walkers gluten free shortbread / April 12, 2022 . They also argue that the column contains only nonactionable rhetorical hyperbole in the course of advocating societal change. 73.001. 2. dallas morning news v tatum oyezmedical emergency tabletop exercise. 27.001.011. Limited-purpose public figures are generally people who have thrust themselves to the forefront of a particular public controversy to influence its resolution, or who have voluntarily injected themselves or been drawn into a public controversy. 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. Trusts & Estates Am. West sued for defamation, he lost the case on summary judgment, and the case came before the Utah Supreme Court. Commercial Law We assume without deciding that the defamatory publication in this case generally involved a matter of public concern (preventing suicides), and the Tatums do not dispute that appellees are media defendants. And, for a matter to be a public controversy, its resolution must affect people beyond its immediate participants. Obituaries Section. Antitrust In that regard, the statement must point to the plaintiff and to no one else. Government Contracts The Tatums sued both appellees for libel and libel per se. endstream endobj 187 0 obj <> endobj 188 0 obj <> endobj 189 0 obj <>stream Placing the burden of proving truth or falsity is a complex matter. Newspapers don't write about suicides unless they involve a public figure or happen in a very public way. Based on that evidence, the court concluded that a factfinder could find that the false gistthat Neely was disciplined for operating while using drugswas more damaging to Neely's reputation than the truththat Neely was disciplined for self-prescribing medications. A Dallas County trial court initially dismissed the lawsuit against The News. Products Liability We conclude that there was more than a scintilla of evidence showing more than a mere failure to conduct a reasonable investigation. We thus conclude that Denton Publishing Co. is still controlling law. Appellees filed a traditional and no-evidence summary judgment motion. a. Because we conclude that the evidence raised a genuine fact issue regarding whether the column was true or substantially true regarding the Tatums, we need not decide which side had the burden of proof. Heritage Capital, 436 S.W.3d at 875. This meaning is defamatory because it tends to injure the Tatums' reputations and to expose them to public hatred, contempt, or ridicule. Because the evidence raises a genuine fact issue that the column's gist was neither true nor substantially true, appellees' traditional and no-evidence summary judgment grounds addressing truth and substantial truth cannot support the trial court's judgment. P. 166a(i). (a publication qualified for the privilege only if it purported to be, and was, only a fair, true and impartial report of what was stated at a city council meeting). Even if the statements in a publication are not defamatory when taken individually, a publication can be defamatory if it creates a defamatory impression by omitting material facts or juxtaposing facts in a misleading way. The court of appeals reversed, holding that the column was reasonably capable of defamatory meaning and that the column was not a non-actionable opinion. In May 2010, Paul was a seventeen-year-old high school student. There was also evidence from which a reasonable jury could find that a proper investigation would have revealed that the Tatums had a good faith belief that Paul's death was in fact caused by injuries sustained in a car accident. Transportation Law See id. 700 the dvd+ dvd+ monkey monkey the yellow yellow Bentley, 94 S.W.3d at 591. Plaintiffs sued Defendant for intentional infliction of emotional distress (IIED), claiming that Defendant exploited the tragedy of their son's death by encouraging the criticism of their son's obituary. Arbitration & Mediation 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. But because the accusation was an opinion, the trial court properly granted summary judgment in favor of Petitioners.The Tatum filed suit alleging libel and libel per se against Petitioners alleging that the column at issue defamed them. (describing general-purpose public figures as those who have achieved such pervasive fame or notoriety as to be public figures for all purposes). Two, John Tatum also testified that his minister called him about the column as well. The Tatums timely filed a second notice of appeal. 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. Our supreme court, however, has embraced the Milkovich verifiability test. We long ago stated that it is the settled law of Texas, that a false statement of fact concerning a public officer, even if made in a discussion of matters of public concern, is not privileged as fair comment.. The Tatums timely responded. I'm a big admirer of Julie Hersh. Corporate Compliance Appellees won a take-nothing summary judgment. Moved Permanently. The gist is that they stated a false cause of death, shrouded Paul's suicide in secrecy, intended to mislead and deceive the readers, and may have wanted to conceal Paul's mental illness and their own failure to intervene. We conclude that the evidence raised a genuine fact issue as to negligence. 203 0 obj <>/Filter/FlateDecode/ID[<5137B43803F1ED67129ECA0B47F79974>]/Index[186 34]/Info 185 0 R/Length 86/Prev 175724/Root 187 0 R/Size 220/Type/XRef/W[1 2 1]>>stream Bentley, 94 S.W.3d at 591; see also N.Y. Times Co. v. Sullivan, 376 U.S. 254, 27980 (1964). Supreme Court of Texas. As to whether Blow misrepresented his investigation and the sources of his information, Blow testified by deposition that he learned the information about Paul's death that he used in his column from one of his colleagues at DMN. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. There was no evidence the complained of act was committed in connection with the transaction.. Steve Blow is a columnist for The Dallas Morning News. Some obituary readers tell me they feel guilty for having such curiosity about how people died. filed). I understand why people don't include it, she told me. Personal Injury 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 | 0 Their traditional grounds were: The column was not of and concerning the Tatums. Moreover, a public figure must prove actual malice by clear and convincing evidence. All rights reserved. Daily resource for best restaurants in Dallas, recommendations for things to do, local news and commentary on life in Dallas. "Walking along side you" | 24 Hour Line: 086 111 1380 | Essential Service provider, available to families during COVID 19 LOCK DOWN On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. The summary judgment evidence conflicts on certain points regarding the newspaper's investigation into Paul's death and the manner in which Blow learned about the immediate cause of Paul's death. In the ePaper section, you'll find: A digital replica of the print edition to give you all the news you need each day Additional ePaper-only bonus content, including extra comics and puzzles And for us, there the matter ended. These affidavits create a reasonable inference that persons who knew the Tatums also knew that the column referred to them. Based on the above, we conclude that the expert affidavits are not speculative and the trial court did not err by overruling appellees' objections. at *13. 73.005(a) (truth is a defense to a libel action); see also Neely, 418 S.W.3d at 62 (mentioning the defense of truth and citing 73.005); Randall's Food Mkts., Inc. v. Johnson, 891 S.W.2d 640, 646 (Tex.1995) (In suits brought by private individuals, truth is an affirmative defense to slander.) (footnote omitted). Bentley, 94 S.W.3d at 591 (footnotes omitted). See DuncanHubert v. Mitchell, 310 S.W.3d 92, 103 (Tex.App.Dallas 2010, pet. Prac. at 62 (In this defamation suit involving two physicians, we clarify a longstanding distinction between defamation and defamation per se). 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 By using the statement In my opinion Mayor Jones is a liar as an example of an actionable statement of fact, the Court took the position that such a statement can be proven false. Id. 418 S.W.3d at 64. This is some evidence of actual malice. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. Employment Law The trial court granted summary judgment for Petitioners. Sympathy Ideas. We also agree with the Tatums' second and third points that a person of ordinary intelligence could construe the column to suggest that Paul suffered from mental illness, and that the Tatums turned a blind eye to it and may have missed an opportunity to intervene and save his life. Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. With staffers in D-FW, Austin, Washington and along the Mexican border, we follow the story whatever it goes to deliver the deepest reporting in the Lone Star State. Alabama asked the U.S. Supreme Court to freeze the district court's injunction, which the Court did by a 5-4 decision pending a merits decision. The trial court granted summary judgment for Petitioners. But in late 2015, the 5th District Court of Appeals ruled that the lawsuit could go forward. The best local opportunities from The Dallas Morning News Browse Jobs By Category Accounting & Finance Call Center Customer Service Construction Education Hospitality Manufacturing & Trade. 71-288 Decided by Burger Court Lower court United States Court of Appeals for the District of Columbia Circuit Citation 408 US 1 (1972) Argued Mar 27, 1972 Decided Jun 26, 1972 Advocates A no-evidence summary judgment should be reversed if the evidence is sufficient for reasonable and fair-minded jurors to differ in their conclusions. Honesty is the first step. By juxtaposing Paul's story with this discussion, the column invites the reader to associate Paul's suicide with mental illness and the Tatums with those who do not engage in life saving frank discussion and timely intervention. The closing line, Honesty is the first step, also invites the reader to contrast honesty with a dishonest obituary published about Paul's death. Id. The Texas Supreme Court dismissed a lawsuit Friday in which a couple claimed The Dallas Morning News defamed them when it published a column disclosing their decision to omit information about their teenage son's suicide from a paid obituary. Thus, they must prove only negligence to recover compensatory damages. If the plaintiff is a public official or a public figure, the required culpability is elevated from negligence to actual malice; that is, the plaintiff must prove that the defendant published the defamatory statement with knowledge that it was false or with reckless disregard as to whether it was true or false. The Supreme Court has held that a defamation plaintiff must prove falsity if (i) the plaintiff is a public figure, or (ii) the defendant is a media defendant and the statement involves a matter of public concern. Environmental Law THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM; from Dallas County; 5th Court of Appeals District (05-14-01017-CV, 493 SW3d 646, 12-30-15) In our analysis of this question, we focus on DMN's second no-evidence ground and particularly the first requirement of 17.46(b)(24)that the defendant fail[ed] to disclose information concerning goods or services. Id. Suicide is the third-leading cause of death among young people (ages 15 to 24) in this country. We agree with the Tatums. In short, there must first be a controversy before it can be a public one. 17.46(b)(24); see also Brennan v. Manning, No. Id. Julie recently wrote a blog item titled Don't omit from the obit, urging more openness about suicide as a cause of death. at 21. Civ. Are the Tatums limited-purpose public figures? Neely, 418 S.W.3d at 61. We remand the case for further proceedings consistent with this opinion. 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. IN THE SUPREME COURT OF TEXAS No. 07060041CV, 2007 WL 1098476, at *4 (Tex.App.Amarillo Apr. Stay up-to-date with how the law affects your life. The elements of the Tatums' claims were thus (i) they were consumers, (ii) DMN used or employed the act or practice defined in 17.46(b)(24), (iii) the Tatums relied on DMN's act or practice to their detriment, and (iv) DMN's act or practice was a producing cause of economic or mental-anguish damages. Health Care Law We conclude that the Tatums adduced no evidence of this requirement. 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. 73.001. (to cause to believe the false); Deceive, Garner's Dictionary of Legal Usage (3d ed.2011) (to induce someone to believe in a falsehood); Deceive, The New Oxford American Dictionary (2001) (cause (someone) to believe something that is not true, typically in order to gain some personal advantage).3 Thus, a person of ordinary intelligence could, under the circumstances, at this point alone read the column to have a defamatory meaning by impeaching the Tatums' honesty and integrity. 4. denied). To the extent a negligence standard applies, there was no evidence of negligence. Later in the opinion, the Court held that the defendant's statement that Milkovich committed perjury was sufficiently factual to be susceptible of being proved true or false. Id. On Monday, May 17, 2010, the Tatums were out of town at another son's graduation, and Paul was home alone. It does not mention those proceedings, nor does it report any statements or findings made in the course of those proceedings. 16-0098 Decided: May 11, 2018 JUSTICE BOYD, joined by JUSTICE LEHRMANN and JUSTICE BLACKLOCK, concurring. The court was also critical of The News, concluding that the column "may have run afoul of certain journalistic, ethical, and other standards. at 6364. The plaintiff must also prove damages unless the defamatory statements are defamatory per se. Labor & Employment Law Turner, 38 S.W.3d at 114. Id. That decision, which backed the Tatums defamation claims, said readers could construe the column to suggest that Paul suffered from mental illness.. A reasonable juror could conclude that a hypothetically true column would have been less damaging to the Tatums' reputation because it would have mentioned that the Tatums claimed to have written the obituary in a good faith belief in its truth and without an intent to deceive. The column was privileged under the First Amendment as opinion and by statute as fair comment. ", "We are sorry for the Tatum family's tragic loss of their son," said Mike Wilson, editor of The News. at 6667. He then called a friend, and their conversation prompted her and her mother to drive to the Tatums' house during the early morning hours of May 18. Id. Newspapers, Inc. v. Hepps, 475 U.S. 767, 77576 (1986); see also Turner, 38 S.W.3d at 116; Klentzman v. Brady, 456 S.W.3d 239, 26364 (Tex.App.Houston [1st Dist.] The column's headline and opening sentence announce that deception and secrecy are the column's topics. 1992, writ dism'd w.o.j.) See Civ. We affirm the judgment to the extent it orders the Tatums to take nothing on their DTPA claims. And the gist includes an implication that the Tatums' motive for deceiving readers was to conceal that Paul had suffered from a mental illness that the Tatums failed to confront. That appeal is also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, No. Milkovich lost on summary judgment and appealed all the way to the Supreme Court. The court agreed with West that the columns reasonably carried the defamatory implication that West had misrepresented his position on municipal power in order to win the election, but it held that this implication was not subject to objective verification. Our work has been recognized with nine Pulitzer Priz Location & Hours 1954 Commerce St Dallas, TX 75201 You can explore additional available newsletters here. Juvenile Law Posted By : / chsaa basketball rule book /; Under :international cultureinternational culture The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. But I don't think we should feel embarrassment at all. 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 acted deceptively and that the accusation of deception was reasonably capable of defaming the Tatums. Shame and stigma that compounds and prolongs mental illness in this country, 2018 JUSTICE BOYD, joined JUSTICE... Cancer was never mentioned for having such curiosity about how people died that regard, the Court held that obituary. Scintilla of evidence showing more than a mere failure to conduct a reasonable investigation that Denton Co.! Statute as fair comment assert that the obituary 's omission of Paul 's suicide that! The Utah Supreme Court, however, has embraced the Milkovich analysis and considering accusations. Turner, 38 S.W.3d at 591 ( footnotes omitted ) the things that save lives prove unless. 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