· 9/15/1998
Kawasaki Motors Corp. v. Lancaster County Board of Equalization
Citations
- 7 Neb. Ct. App. 655
- 584 N.W.2d 63
- 1998 Neb. App. LEXIS 153
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a reasonable reader would view a particular political cartoon and its accompanying text as a false factual assertion
- holding that the innocent-construction rule did not apply because the cartoon at issue was susceptible to only \ one reasonable interpretation\-a defamatory one
- holding that the actual-malice standard, which removes free speech protections provided by the federal and state constitutions, must be proven by clear and convincing evidence
- holding that, where a cartoon published by a candidate for political office unambiguously depicted the opposing candidate engaging in unlawful and unethical activity, such cartoon was not reasonably susceptible to more than one meaning and was thus defamatory
- explaining that the \innocent-construction rule” only applies to statements that \are reasonably susceptible to an innocent construction” (emphasis in original)
- statements that are reasonably susceptible of an innocent construction are protected under the innocent-construction rule
Source: CourtListener parenthetical corpus (CC0).
Judges: Hannon, Mues, Sievers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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