· 5/28/2002
Neal Horsley v. Geraldo Rivera
Citations
- 292 F.3d 695
- 2002 WL 1058151
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an accusation that the plaintiff was an “accomplice to murder” was not actionable because it was made during an “emotional debate concerning emotionally-charged issues of significant public concern,” specifically regarding abortion
- having alleged that defendant defamed plaintiff by stating he is chargeable with a felony, plaintiff is bound by that construction of the statements
- examining spe- cific context by comparing defendant’s statements with plain- tiff’s, where allegedly defamatory statement was made during television talk show appearance
- discussing “the reality that exaggeration and non-literal commentary have become an integral part of social discourse” (quoting Levinsky’s, Inc. v. Wal-Mart Stores, Inc., 127 F.3d 122, 128 (1st Cir. 1997))
- reasonable viewer would have understood defendant’s use of phrase “accomplice to murder” as an expression of outrage, and not an accusation of the commission of a crime
- when doctor who performed abortions was murdered, television host’s calling anti- abortionist an “accomplice to murder” was rhetorical hyperbole; no reasonable viewer would conclude host was literally contending that activist could be charged with murder
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Hill, Hall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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