Olthaus v. Niesen
Citations
- 232 N.E.3d 932
- 2023 Ohio 4710
Syllabus
DEFAMATION — CONSTITUTIONAL LAW/CIVIL — ACTUAL MALICE: The trial court did not err in dismissing plaintiff's defamation claims where defendants' statements were either true or matters of opinion and thus were protected speech under the Ohio Constitution, and where plaintiff failed to plead facts showing defendants acted with actual malice. The trial court did not err in dismissing plaintiff's false light invasion of privacy claims where defendants' statements were not false statements of fact and where plaintiff failed to plead facts showing defendants acted with the required state of mind. The trial court did not err in dismissing plaintiff's statutory claims for civil damages under R.C. 2307.60 where plaintiff could plead no facts showing that defendants violated an underlying criminal statute because their statements were not verifiable facts. The trial court did not err in dismissing plaintiff's claims rather than granting leave to amend the complaint where plaintiff failed to move for leave to amend, tender an amended complaint, or explain to the trial court or on appeal how he would have cured any deficiencies, and where plaintiff failed to address the trial court's conclusion that defendants' speech was constitutionally protected, rendering amendment wholly futile.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “federal defamation law bars claims for statements that cannot reasonably be interpreted as stating actual facts about an individual” and that the Ohio Constitution protects opinion speech
Source: CourtListener parenthetical corpus (CC0).
Judges: Bergeron
Read full opinion on CourtListenerCited by
11 cases in this archive cite this case.
- Guthrie v. GuthrieOhio Court of Appeals· 2024-11-27· cited 13×
- Mallory v. MalloryOhio Court of Appeals· 2024-11-20· cited 6×
- Twang, L.L.C. v. CincinnatiOhio Court of Appeals· 2024-12-31· cited 5×
- Brock v. Hamilton Cty. Bd. of Zoning AppealsOhio Court of Appeals· 2025-03-05· cited 2×
- Ndiathe v. NdiathOhio Court of Appeals· 2025-10-22· cited 2×
- Olthaus v. NiesenOhio Court of Appeals· 2024-05-22· cited 1×
- Murphy v. RosenSupreme Court of Connecticut· 2025-01-21· cited 1×
- In re Estate of JosephOhio Court of Appeals· 2025-03-14· cited 1×
- Hill-Lewis v. Clifton Healthcare Ctr.Ohio Court of Appeals· 2024-03-08
- Bruns v. AdlardOhio Court of Appeals· 2025-11-19
- Walker v. JPMorgan Chase Bank, N.A.Ohio Court of Appeals· 2026-03-11
Cites
27 cases in this archive are cited by this case; the 20 most cited are listed.
- New York Times Co. v. SullivanSupreme Court· 1964-03-09· cited 8,531×
- Gertz v. Robert Welch, Inc.Supreme Court· 1974-06-25· cited 4,525×
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court· 1963-01-14· cited 3,080×
- Milkovich v. Lorain Journal Co.Supreme Court· 1990-06-21· cited 1,770×
- Mitchell v. Lawson Milk Co.Ohio Supreme Court· 1988-12-30· cited 945×
- Dupler v. Mansfield Journal Co.Ohio Supreme Court· 1980-12-17· cited 495×
- Preston v. MurtyOhio Supreme Court· 1987-09-09· cited 454×
- Bertell Ollman v. Rowland Evans, Robert NovakD.C. Circuit· 1984-12-06· cited 402×
- Vail v. Plain Dealer Publishing Co.Ohio Supreme Court· 1995-05-31· cited 211×
- Scott v. News-HeraldOhio Supreme Court· 1986-08-06· cited 207×
- Welling v. WeinfeldOhio Supreme Court· 2007-06-06· cited 165×
- Jacobson v. Kaforey (Slip Opinion)Ohio Supreme Court· 2016-12-28· cited 141×
- Wampler v. HigginsOhio Supreme Court· 2001-08-29· cited 109×
- Utility Service Partners, Inc. v. Public Utilities CommissionOhio Supreme Court· 2009-12-29· cited 74×
- Varanese v. GallOhio Supreme Court· 1988-02-03· cited 71×
- Maternal Grandmother v. Hamilton Cty. Dept. of Job & Family Servs. (Slip Opinion)Ohio Supreme Court· 2021-11-23· cited 60×
- M.R. v. NiesenOhio Supreme Court· 2022-04-06· cited 29×
- Soke v. The Plain DealerOhio Supreme Court· 1994-06-01· cited 28×
- Williams v. Gannett Satellite Information Network, Inc.Ohio Court of Appeals· 2005-08-12· cited 21×
- Hensley v. DurraniOhio Court of Appeals· 2013-10-25· cited 20×
Other cases named Olthaus v. Niesen
1 other CourtListener record shares this case name.
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