· 12/31/2009
Klentzman v. Brady
Citations
- 312 S.W.3d 886
- 2009 Tex. App. LEXIS 9917
- 2009 WL 5174369
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when defamatory statement involves matter of public concern, even private individual must prove malice to recover presumed or punitive damages against media defendant
- concluding that defendant had not met summary-judgment burden to establish as matter of law that plaintiff 10 was limited-purpose public figure
- explaining that at common law, falsity was presumed and truth was an affirmative defense, but in cases involving media defendants and matters of public concern, the First Amendment shifts the burden to the plaintiff to prove falsity
- “A libel defendant must show more than mere newsworthiness to justify application of the demanding burden of [actual malice].”
- providing elements of libel against media defendant
- truth is an absolute defense to defamation
Source: CourtListener parenthetical corpus (CC0).
Judges: Tim Taft
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.