Texas Association of Broadcasters Files Amicus Brief in the Post-Newsweek Stations Houston Inc. v. Dugi Case

A private figure libel plaintiff must always bear the Constitutional burden to prove falsity in an action against a news media defendant over speech involving a matter of public concern. A media libel defendant is entitled to summary judgment against a plaintiff upon showing that the reporting at issue was a substantially truthful account of third-party allegations.

Those positions were urged to the Texas Supreme Court in a friend-of-the court brief filed earlier this month by the Texas Association of Broadcasters. The brief was prepared by Jackson Walker partner Paul Watler and associate Amanda Patrick. The firm has served as general counsel to TAB for more than 20 years.

The case, Post-Newsweek Stations Houston Inc. v. Dugi, arose from a libel action by a physician against a Houston television station. The station reported allegations by a former nurse that the physician had engaged in drug testing without patient consent. The station has asked the Supreme Court to review trial and intermediate appellate court decisions denying summary judgment. The station contended that it was entitled to judgment because the reporting was a substantially truthful account of third party allegations and that the physician could not meet his burden to prove falsity.

The amicus brief notes that the U.S. Supreme Court assigned the burden of proof of falsity to private figure plaintiffs more than 25 years ago and that the Texas Supreme Court laid out the doctrine of substantial truth more than 20 years ago in a case involving a news report of third party allegations.

According to the TAB brief, "the Court should reiterate the important First Amendment principle that requires a media libel plaintiff—regardless of public figure status—to prove falsity in cases against the media over reports on matters of public concern and the doctrine that substantial truth is established for summary judgment purposes by a defendant’s showing of accurate reporting of third-party allegations."