milkovich
lorain
journal
argued
april
decided
june
petitioner
milkovich
high
school
wrestling
coach
team
involved
altercation
match
another
high
school
team
school
superintendent
scott
testified
investigatory
hearing
ohio
high
school
athletic
association
ohsaa
placed
team
probation
testified
suit
several
parents
county
overturned
ohsaa
ruling
day
decision
respondent
lorain
journal
company
newspaper
published
column
authored
respondent
diadiun
implied
milkovich
lied
oath
judicial
proceeding
milkovich
commenced
defamation
action
respondents
county
alleging
column
accused
committing
crime
perjury
damaged
occupation
teacher
coach
constituted
libel
per
se
ultimately
trial
granted
summary
judgment
respondents
ohio
appeals
affirmed
considering
bound
state
determination
superintendent
scott
separate
action
respondents
matter
law
article
constitutionally
protected
opinion
held
first
amendment
require
separate
opinion
privilege
limiting
application
state
defamation
laws
amendment
limit
application
new
york
times
sullivan
breathing
space
freedoms
expression
require
survive
adequately
secured
existing
constitutional
doctrine
foremost
media
defendant
involved
statement
matters
public
concern
must
provable
false
liability
assessed
philadelphia
newspapers
hepps
thus
ensuring
full
constitutional
protection
statement
opinion
provably
false
factual
connotation
next
statements
reasonably
interpreted
stating
actual
facts
individual
protected
see
greenbelt
cooperative
publishing
bresler
thus
assuring
public
debate
suffer
lack
imaginative
expression
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hyperbole
traditionally
added
much
discourse
nation
reference
opinion
dictum
gertz
robert
welch
intended
create
wholesale
defamation
exemption
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read
context
gertz
dictum
merely
reiteration
justice
holmes
marketplace
ideas
concept
see
abrams
simply
couching
statement
jones
liar
terms
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jones
liar
dispel
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statement
pp
reasonable
factfinder
conclude
statements
diadiun
column
imply
assertion
milkovich
perjured
judicial
proceeding
article
use
sort
loose
figurative
hyperbolic
language
negate
impression
diadiun
seriously
maintaining
milkovich
committed
perjury
article
general
tenor
negate
impression
addition
connotation
milkovich
committed
perjury
sufficiently
factual
susceptible
proved
true
false
comparing
inter
alia
testimony
ohsaa
board
subsequent
testimony
trial
pp
decision
balances
first
amendment
vital
guarantee
free
uninhibited
discussion
public
issues
important
social
values
underlie
defamation
law
society
pervasive
strong
interest
preventing
redressing
attacks
upon
reputation
pp
rehnquist
delivered
opinion
white
blackmun
stevens
scalia
kennedy
joined
brennan
filed
dissenting
opinion
marshall
joined
post
brent
english
argued
cause
petitioner
brief
john
brown
richard
panza
argued
cause
respondents
brief
william
wickens
david
herzer
richard
naegele
cameron
devore
marshall
nelson
briefs
amici
curiae
urging
affirmance
filed
dow
jones
et
al
robert
sack
richard
tofel
richard
schmidt
devereux
chatillon
douglas
jacobs
barbara
wartelle
harvey
lipton
laura
handman
slade
metcalf
richard
ovelmen
deborah
linfield
jane
kirtley
bruce
sanford
american
civil
liberties
union
et
al
henry
kaufman
louis
colombo
david
marburger
filed
brief
ohio
newspaper
association
et
al
amici
curiae
chief
justice
rehnquist
delivered
opinion
respondent
theodore
diadiun
authored
article
ohio
newspaper
implying
petitioner
michael
milkovich
local
high
school
wrestling
coach
lied
oath
judicial
proceeding
incident
involving
petitioner
team
occurred
wrestling
match
petitioner
sued
diadiun
newspaper
libel
ohio
appeals
affirmed
lower
entry
summary
judgment
petitioner
judgment
based
part
grounds
article
constituted
opinion
protected
reach
state
defamation
law
first
amendment
constitution
hold
first
amendment
prohibit
application
ohio
libel
laws
alleged
defamations
contained
article
case
us
third
time
odyssey
litigation
spanning
nearly
years
petitioner
milkovich
retired
wrestling
coach
maple
heights
high
school
maple
heights
ohio
team
involved
altercation
home
wrestling
match
team
mentor
high
school
several
people
injured
response
incident
ohio
high
school
athletic
association
ohsaa
held
hearing
milkovich
scott
superintendent
maple
heights
public
schools
testified
following
hearing
ohsaa
placed
maple
heights
team
probation
year
declared
team
ineligible
state
tournament
ohsaa
also
censored
milkovich
actions
altercation
thereafter
several
parents
wrestlers
sued
ohsaa
common
pleas
franklin
county
ohio
seeking
restraining
order
ohsaa
ruling
grounds
denied
due
process
ohsaa
proceeding
milkovich
scott
testified
proceeding
overturned
ohsaa
probation
ineligibility
orders
due
process
grounds
day
rendered
decision
respondent
diadiun
column
appeared
newspaper
circulates
lake
county
ohio
owned
respondent
lorain
journal
co
column
bore
heading
maple
beat
law
big
lie
beneath
appeared
diadiun
photograph
words
td
says
carryover
page
headline
announced
diadiun
says
maple
told
lie
column
contained
following
passages
lesson
learned
relearned
yesterday
student
body
maple
heights
high
school
anyone
attended
wrestling
meet
last
lesson
sadly
view
events
past
year
well
learned
early
simply
get
jam
lie
way
successful
enough
powerful
enough
sound
sincere
enough
stand
excellent
chance
making
lie
stand
regardless
really
happened
teachers
responsible
mainly
maple
wrestling
coach
mike
milkovich
former
superintendent
schools
donald
scott
anyone
attended
meet
whether
maple
heights
mentor
impartial
observer
knows
heart
milkovich
scott
lied
hearing
given
solemn
oath
tell
truth
got
away
kind
lesson
want
young
people
learning
high
school
administrators
coaches
think
milkovich
ohio
app
remand
relying
part
decision
gertz
robert
welch
trial
granted
summary
judgment
respondents
grounds
article
opinion
protected
libel
action
constitutional
law
app
alternatively
public
figure
petitioner
failed
make
prima
facie
case
actual
malice
ohio
appeals
affirmed
determinations
appeal
ohio
reversed
remanded
first
decided
petitioner
neither
public
figure
public
official
relevant
decisions
see
milkovich
ohio
found
statements
issue
factual
assertions
matter
law
constitutionally
protected
opinions
writer
plain
import
author
assertions
milkovich
inter
alia
committed
crime
perjury
law
denied
certiorari
meanwhile
superintendent
scott
pursuing
separate
defamation
action
ohio
courts
two
years
milkovich
decision
considering
scott
appeal
ohio
reversed
position
diadiun
article
concluding
column
constitutionally
protected
opinion
scott
ohio
consequently
upheld
lower
grant
summary
judgment
scott
scott
decided
proper
analysis
determining
whether
utterances
fact
opinion
set
forth
decision
appeals
circuit
ollman
evans
app
cert
denied
see
scott
ohio
analysis
four
factors
considered
ascertain
whether
totality
circumstances
statement
fact
opinion
factors
specific
language
used
whether
statement
verifiable
general
context
statement
broader
context
statement
appeared
ibid
found
application
first
two
factors
column
militated
favor
deeming
challenged
passages
actionable
assertions
fact
potential
outcome
trumped
however
consideration
third
fourth
factors
respect
third
factor
general
context
explained
large
caption
td
says
indicate
even
gullible
reader
article
fact
opinion
fourth
factor
broader
context
reasoned
article
appeared
sports
page
traditional
cajoling
invective
hyperbole
article
probably
construed
opinion
subsequently
considering
bound
ohio
decision
scott
ohio
appeals
instant
proceedings
affirmed
trial
grant
summary
judgment
favor
respondents
concluding
decided
matter
law
article
question
constitutionally
protected
opinion
ohio
app
ohio
dismissed
petitioner
ensuing
appeal
want
substantial
constitutional
question
app
granted
certiorari
consider
important
questions
raised
ohio
courts
recognition
opinion
exception
application
defamation
laws
reverse
since
latter
half
century
common
law
afforded
cause
action
damage
person
reputation
publication
false
defamatory
statements
see
eldredge
law
defamation
shakespeare
othello
iago
says
othello
good
name
man
woman
dear
lord
immediate
jewel
souls
steals
purse
steals
trash
tis
something
nothing
twas
mine
tis
slave
thousands
filches
good
name
robs
enriches
makes
poor
indeed
act
iii
scene
law
defamation
expression
opinion
defamatory
expression
sufficiently
derogatory
another
cause
harm
reputation
lower
estimation
community
deter
third
persons
associating
dealing
expression
opinion
also
actionable
suit
defamation
despite
normal
requirement
communication
false
well
defamatory
position
maintained
even
though
truth
falsity
opinion
distinguished
statement
fact
matter
objectively
determined
truth
complete
defense
suit
defamation
decided
new
york
times
sullivan
first
amendment
constitution
placed
limits
application
state
law
defamation
recognized
need
federal
rule
prohibits
public
official
recovering
damages
defamatory
falsehood
relating
official
conduct
unless
proves
statement
made
actual
malice
knowledge
false
reckless
disregard
whether
false
rule
prompted
concern
respect
criticism
public
officials
conduct
governmental
affairs
state
law
rule
compelling
critic
official
conduct
guarantee
truth
factual
assertions
deter
protected
speech
gertz
robert
welch
supra
quoting
new
york
times
supra
three
years
later
curtis
publishing
butts
majority
determined
new
york
times
test
apply
criticism
public
figures
well
public
officials
extended
constitutional
privilege
announced
case
protect
defamatory
criticism
nonpublic
persons
nevertheless
intimately
involved
resolution
important
public
questions
reason
fame
shape
events
areas
concern
society
large
gertz
supra
quoting
butts
supra
warren
concurring
result
chief
justice
warren
noted
concurrence
ur
citizenry
legitimate
substantial
interest
conduct
persons
freedom
press
engage
uninhibited
debate
involvement
public
issues
events
crucial
case
public
officials
butts
supra
also
determined
public
officials
public
figures
showing
new
york
times
malice
subject
clear
convincing
standard
proof
gertz
supra
next
step
constitutional
evolution
consideration
private
individual
defamation
actions
involving
statements
public
concern
although
issue
initially
doubt
see
rosenbloom
metromedia
ultimately
concluded
new
york
times
malice
standard
inappropriate
private
person
attempting
prove
defamed
matters
public
interest
gertz
robert
welch
supra
explained
public
officials
public
figures
usually
enjoy
significantly
greater
access
channels
effective
communication
hence
realistic
opportunity
counteract
false
statements
private
individuals
normally
enjoy
important
public
officials
public
figures
voluntarily
exposed
increased
risk
injury
defamatory
falsehood
concerning
assumption
justified
respect
private
individual
omitted
still
later
philadelphia
newspapers
hepps
held
common
law
presumption
defamatory
speech
false
stand
plaintiff
seeks
damages
media
defendant
speech
public
concern
words
fashioned
constitutional
requirement
plaintiff
bear
burden
showing
falsity
well
fault
recovering
damages
although
recognizing
requiring
plaintiff
show
falsity
insulate
liability
speech
false
unprovably
believed
result
justified
grounds
placement
state
law
burden
proving
truth
upon
media
defendants
publish
speech
public
concern
deters
speech
fear
liability
unjustifiably
result
also
recognized
constitutional
limits
type
speech
may
subject
state
defamation
actions
greenbelt
cooperative
publishing
bresler
real
estate
developer
engaged
negotiations
local
city
council
zoning
variance
certain
land
simultaneously
negotiating
city
land
city
wished
purchase
local
newspaper
published
certain
articles
stating
people
characterized
developer
negotiating
position
blackmail
developer
sued
libel
rejecting
contention
liability
premised
notion
word
blackmail
implied
developer
committed
actual
crime
blackmail
held
imposition
liability
basis
constitutionally
impermissible
matter
constitutional
law
word
blackmail
circumstances
slander
spoken
libel
reported
greenbelt
news
review
noting
published
reports
accurate
full
reasoned
even
careless
reader
must
perceived
word
rhetorical
hyperbole
vigorous
epithet
used
considered
developer
negotiating
position
extremely
unreasonable
see
also
hustler
magazine
falwell
first
amendment
precluded
recovery
state
emotional
distress
action
ad
parody
reasonably
interpreted
stating
actual
facts
public
figure
involved
letter
carriers
austin
use
word
traitor
literary
definition
union
scab
basis
defamation
action
federal
labor
law
since
used
loose
figurative
sense
merely
rhetorical
hyperbole
lusty
imaginative
expression
contempt
felt
union
members
also
determined
cases
raising
first
amendment
issues
appellate
obligation
make
independent
examination
whole
record
order
make
sure
judgment
constitute
forbidden
intrusion
field
free
expression
bose
consumers
union
quoting
new
york
times
question
whether
evidence
record
defamation
case
sufficient
support
finding
actual
malice
question
law
communications
connaughton
respondents
us
recognize
addition
established
safeguards
discussed
still
another
protection
defamatory
statements
categorized
opinion
opposed
fact
proposition
rely
principally
following
dictum
opinion
gertz
first
amendment
thing
false
idea
however
pernicious
opinion
may
seem
depend
correction
conscience
judges
juries
competition
ideas
constitutional
value
false
statements
fact
omitted
thus
think
passage
gertz
intended
create
wholesale
defamation
exemption
anything
might
labeled
opinion
see
cianci
supra
marketplace
ideas
origin
passage
points
strongly
view
opinions
held
constitutionally
protected
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expressions
opinion
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imply
assertion
objective
fact
speaker
says
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john
jones
liar
implies
knowledge
facts
lead
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jones
told
untruth
even
speaker
facts
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liar
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libel
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simply
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think
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supra
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note
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second
torts
comment
apart
reliance
gertz
dictum
respondents
really
contend
statement
opinion
john
jones
liar
protected
separate
privilege
opinion
first
amendment
contend
every
defamation
case
first
amendment
mandates
inquiry
whether
statement
opinion
fact
latter
statements
may
actionable
propose
number
factors
developed
lower
courts
hold
mistaken
reliance
gertz
dictum
considered
deciding
think
breathing
space
reedoms
expression
require
order
survive
hepps
quoting
new
york
times
supra
adequately
secured
existing
constitutional
doctrine
without
creation
artificial
dichotomy
opinion
fact
foremost
think
hepps
stands
proposition
statement
matters
public
concern
must
provable
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liability
state
defamation
law
least
situations
like
present
media
defendant
involved
thus
unlike
statement
opinion
mayor
jones
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mayor
jones
shows
abysmal
ignorance
accepting
teachings
marx
lenin
actionable
hepps
ensures
statement
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relating
matters
public
concern
contain
provably
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factual
connotation
receive
full
constitutional
protection
next
line
cases
provide
protection
statements
reasonably
interpreted
stating
actual
facts
individual
falwell
provides
assurance
public
debate
suffer
lack
imaginative
expression
rhetorical
hyperbole
traditionally
added
much
discourse
nation
see
new
york
culpability
requirements
ensure
debate
public
issues
remains
uninhibited
robust
new
york
times
thus
statement
opinion
matter
public
concern
reasonably
implies
false
defamatory
facts
regarding
public
figures
officials
individuals
must
show
statements
made
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figure
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level
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finally
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provides
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quotation
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persuaded
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constitutional
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required
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expression
guaranteed
first
amendment
dispositive
question
present
case
becomes
whether
reasonable
factfinder
conclude
statements
diadiun
column
imply
assertion
petitioner
milkovich
perjured
judicial
proceeding
think
question
must
answered
affirmative
ohio
observed
clear
impact
nine
sentences
caption
milkovich
lied
hearing
given
solemn
oath
tell
truth
scott
ohio
sort
loose
figurative
hyperbolic
language
negate
impression
writer
seriously
maintaining
petitioner
committed
crime
perjury
general
tenor
article
negate
impression
also
think
connotation
petitioner
committed
perjury
sufficiently
factual
susceptible
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true
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determination
whether
petitioner
lied
instance
made
core
objective
evidence
comparing
inter
alia
petitioner
testimony
ohsaa
board
subsequent
testimony
trial
scott
noted
regarding
plaintiff
case
hether
scott
indeed
perjure
certainly
verifiable
perjury
action
evidence
adduced
transcripts
witnesses
present
hearing
unlike
subjective
assertion
averred
defamatory
language
articulation
objectively
verifiable
event
petitioner
milkovich
numerous
decisions
discussed
establishing
first
amendment
protection
defendants
defamation
actions
surely
demonstrate
recognition
amendment
vital
guarantee
free
uninhibited
discussion
public
issues
also
another
side
equation
regularly
acknowledged
important
social
values
underlie
law
defamation
recognize
ociety
pervasive
strong
interest
preventing
redressing
attacks
upon
reputation
rosenblatt
baer
justice
stewart
case
put
customary
clarity
right
man
protection
reputation
unjustified
invasion
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hurt
reflects
basic
concept
essential
dignity
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human
concept
root
decent
system
ordered
liberty
destruction
defamatory
falsehood
bring
sure
often
beyond
capacity
law
redeem
yet
imperfect
though
action
damages
hope
vindication
redress
law
gives
man
whose
reputation
falsely
dishonored
concurring
opinion
reversed
footnotes
entirety
article
reads
follows
yesterday
franklin
county
common
pleas
judge
paul
martin
overturned
ohio
high
school
athletic
assn
decision
suspend
maple
heights
wrestling
team
year
state
tournament
final
yet
judge
granted
maple
temporary
injunction
ruling
unless
judge
acts
much
quickly
decision
deliberating
since
hearing
temporary
injunction
allow
maple
compete
tournament
make
discussion
meaningless
something
much
important
involved
whether
maple
denied
due
process
ohsaa
basis
temporary
injunction
person
takes
job
school
whether
teacher
coach
administrator
even
maintenance
worker
well
remember
primary
job
educator
scarcely
person
concerned
school
leave
mark
way
young
people
pass
way
many
lessons
taken
away
school
students
learned
lesson
plan
book
come
personal
experiences
observations
superiors
peers
watching
actions
reactions
lesson
learned
relearned
yesterday
student
body
maple
heights
high
school
anyone
attended
wrestling
meet
last
lesson
sadly
view
events
past
year
well
learned
early
simply
get
jam
lie
way
successful
enough
powerful
enough
sound
sincere
enough
stand
excellent
chance
making
lie
stand
regardless
really
happened
teachers
responsible
mainly
head
maple
wrestling
coach
mike
milkovich
former
superintendent
schools
donald
scott
last
winter
faced
difficult
situation
milkovich
ranting
side
mat
egging
crowd
meet
official
opposing
team
backfired
meet
greater
cleveland
conference
rival
metor
sic
resulted
first
maple
heights
team
many
partisan
crowd
attacking
mentor
squad
brawl
sent
four
mentor
wrestlers
hospital
naturally
mentor
protested
governing
body
high
school
sports
ohsaa
two
men
called
carpet
account
incident
declined
walk
hearing
face
responsibilities
one
hope
coach
milkovich
accomplishments
reputation
one
certainly
expect
man
responsible
poisition
sic
superintendent
schools
instead
chose
come
hearing
misrepresent
things
happened
ohsaa
board
control
attempting
convince
board
innocence
incredibly
shift
blame
affair
mentor
among
witnesses
meet
trouble
broke
also
attended
hearing
ohsaa
unique
position
party
observe
meet
version
presented
board
resemblance
two
occurrances
sic
purely
coincidental
anyone
meet
need
said
maple
coach
wild
gestures
events
leading
brawl
passed
two
shrugs
milkovich
claimed
powerless
control
crowd
melee
fortunately
seemed
time
version
incident
presented
board
control
enough
contradictions
obvious
untruths
six
board
members
able
see
probably
much
distasteful
reaction
chicanery
two
officials
displeasure
actual
incident
board
voted
suspend
maple
year
tournament
put
maple
heights
milkovich
son
mike
maple
jaycee
coach
probation
unfortunately
time
hearing
judge
martin
rolled
around
milkovich
scott
apparently
version
incident
polished
reconstructed
judge
apparently
believed
say
stories
told
judge
sounded
pretty
darned
unfamiliar
said
harold
meyer
commissioner
ohsaa
attended
hearing
certainly
sounded
different
told
us
nevertheless
judge
bought
story
ruled
favor
anyone
attended
meet
whether
maple
heights
mentor
impartial
observer
knows
heart
milkovich
scott
lied
hearing
given
solemn
oath
tell
truth
got
away
kind
lesson
want
young
people
learning
high
school
administrators
coaches
think
app
pet
cert
continued
position
borne
second
headline
continuation
article
diadiun
says
maple
told
lie
issue
context
statement
legal
hearing
milkovich
scott
lied
rather
based
upon
diadiun
witnessed
original
altercation
ohsaa
hearing
view
position
represented
milkovich
scott
less
full
admission
culpability
view
lie
review
context
statements
question
demonstrates
diadiun
making
attempt
impartial
secret
made
bias
diadiun
mind
certainly
made
average
reader
viewing
words
internal
context
hard
pressed
accept
diadiun
statements
impartial
reporting
perjury
scott
ohio
emphasis
original
specifically
reasoned
follows
important
recognize
diadiun
article
appeared
sports
page
traditional
cajoling
invective
hyperbole
broader
context
doubt
reader
assign
weight
diadiun
statement
appeared
byline
law
correspondent
page
one
newspaper
balance
reader
expect
sports
writer
sports
page
particularly
knowledgeable
procedural
due
process
perjury
belief
legal
conclusions
context
probably
construed
writer
opinion
preliminarily
respondents
contend
review
opinion
question
case
precluded
ohio
decision
scott
new
herald
ohio
first
respondents
claim
determination
ohio
milkovich
ohio
petitioner
public
official
figure
overruled
scott
thus
since
petitioner
failed
establish
actual
malice
action
precluded
new
york
times
sullivan
curtis
publishing
butts
contention
meritless
respondents
rely
following
statements
made
ohio
discussion
scott
status
public
official
say
milkovich
nevertheless
public
figure
purposes
discussion
controversy
simply
nonsense
ohio
quoting
milkovich
lorain
journal
brennan
dissenting
denial
certiorari
overrule
milkovich
restrictive
view
public
officials
hold
public
school
superintendent
public
official
purposes
defamation
law
ohio
however
clear
context
statements
made
simply
supporting
determination
scott
public
official
relates
petitioner
milkovich
statements
pure
dicta
importantly
petitioner
milkovich
party
proceedings
scott
thus
bound
anything
ruling
ohio
law
see
hainbuchner
miner
ohio
universally
recognized
former
judgment
order
res
judicata
subsequent
action
must
rendered
action
parties
subsequent
action
adverse
parties
quotation
omitted
since
ohio
appeals
address
figure
question
remand
ohio
milkovich
decided
petitioner
basis
opinion
ruling
scott
ruling
ohio
milkovich
presumably
continues
law
case
issue
see
hawley
ritley
ohio
decision
reviewing
case
remains
law
case
legal
questions
involved
subsequent
proceedings
case
trial
reviewing
levels
merit
respondents
contention
appeals
alternatively
decided
negligence
case
even
petitioner
regarded
private
figure
thus
action
precluded
decision
gertz
robert
welch
although
appellate
noted
instant
cause
present
material
issue
fact
negligence
actual
malice
milkovich
ohio
app
statement
immediately
explained
following
statement
scott
ruling
opinion
issue
accorded
respondents
absolute
immunity
liability
see
ohio
app
never
made
evidentiary
determination
issue
respondents
negligence
next
respondents
concede
scott
relied
constitution
well
ohio
constitution
recognition
opinion
privilege
brief
respondent
argue
certain
statements
made
evidenced
intent
independently
rest
decision
state
law
grounds
see
ohio
find
article
opinion
protected
section
article
ohio
constitution
ideals
integral
part
first
amendment
freedoms
federal
constitution
independently
reinforced
section
article
ohio
constitution
thereby
precluding
federal
review
michigan
long
similarly
reject
contention
milkovich
proceedings
appeals
relied
completely
scott
concluding
diadiun
article
privileged
opinion
see
ohio
app
scott
relied
heavily
federal
decisions
interpreting
scope
first
amendment
protection
accorded
defamation
defendants
see
ohio
federal
constitution
construed
protect
published
opinions
ever
since
opinion
gertz
robert
welch
concluded
ased
upon
totality
circumstances
view
diadiun
article
constitutionally
protected
opinion
respect
federal
constitution
state
constitution
thus
scott
decision
least
interwoven
federal
law
clear
face
intent
rely
independent
state
grounds
yet
failed
make
plain
statement
federal
cases
compel
result
reached
long
supra
long
federal
review
barred
case
note
ohio
remains
free
course
address
foregoing
issues
remand
hepps
reserved
judgment
cases
involving
nonmedia
defendants
see
accordingly
prior
hepps
course
plaintiffs
involved
new
york
times
rule
already
required
showing
falsity
liability
result
note
issue
falsity
relates
defamatory
facts
implied
statement
instance
statement
think
jones
lied
may
provable
false
two
levels
first
speaker
really
think
jones
lied
said
anyway
second
jones
really
lied
course
second
level
falsity
ordinarily
serve
basis
defamation
action
though
falsity
first
level
may
serve
establish
malice
required
recovery
course
limitations
presumed
punitive
damages
established
new
york
times
gertz
also
apply
type
statements
issue
brief
amici
dow
jones
et
al
urge
us
view
disputed
statements
gainst
background
high
profile
controversy
small
community
says
hey
related
matter
pressing
public
concern
small
town
brief
dow
jones
et
al
amici
curiae
certainty
amici
people
small
town
view
statements
differently
people
large
city
may
however
amici
err
factual
assumption
maple
heights
located
cuyahoga
county
ohio
census
population
mentor
located
lake
county
ohio
census
population
lake
county
adjoins
cuyahoga
county
east
census
population
maple
heights
mentor
included
cleveland
standard
consolidated
statistical
area
population
high
schools
mentor
maple
heights
played
greater
cleveland
conference
justice
brennan
justice
marshall
joins
dissenting
since
first
hinted
first
amendment
provides
manner
protection
statements
opinion
notwithstanding
protection
courts
commentators
struggled
contours
protection
relationship
doctrines
within
first
amendment
jurisprudence
today
first
time
addresses
question
directly
mind
cogently
almost
entirely
correctly
agree
line
cases
culminating
philadelphia
newspapers
hepps
defamatory
statements
capable
proved
false
subject
liability
state
libel
law
see
ante
also
agree
statement
plaintiff
must
prove
false
hepps
invariably
literal
phrase
published
rather
reasonable
reader
understood
author
said
see
ante
discussing
greenbelt
cooperative
publishing
bresler
letter
carriers
austin
hustler
magazine
falwell
words
today
dispels
misimpression
opinion
privilege
wholly
addition
protections
already
found
guaranteed
first
amendment
determines
protection
statements
pure
opinion
dictated
existing
first
amendment
doctrine
explains
full
constitutional
protection
extends
statement
relating
matters
public
concern
reasonably
interpreted
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actual
facts
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ante
among
circumstances
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ascertaining
whether
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ante
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lower
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relying
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opinion
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statement
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social
circumstances
statement
made
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potomac
valve
fitting
crawford
fitting
janklow
newsweek
ollman
evans
app
cert
denied
essentially
agreement
part
company
point
applies
general
rules
statements
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case
find
challenged
statements
reasonably
interpreted
either
stating
implying
defamatory
facts
petitioner
rule
articulated
majority
opinion
therefore
statements
due
full
constitutional
protection
respectfully
dissent
majority
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language
used
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readers
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purporting
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contrary
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liability
may
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law
ante
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bresler
supra
metaphor
letter
carriers
supra
hyperbole
falwell
supra
parody
bresler
example
found
bresler
recover
accused
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readers
article
understood
author
mean
bresler
manipulative
extremely
unreasonable
see
ante
letter
carriers
found
plaintiffs
recover
accused
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newsletter
readers
understood
author
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actions
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provides
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expression
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consumers
union
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fact
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exaggerated
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statements
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asserted
facts
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bresler
supra
letter
carriers
supra
falwell
supra
justice
holmes
observed
long
ago
word
crystal
transparent
unchanged
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living
thought
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content
according
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used
towne
eisner
instance
statement
jones
liar
example
given
majority
opinion
john
jones
liar
standing
alone
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facts
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form
opinion
see
ante
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obtain
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instead
follows
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brother
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case
least
six
statements
two
may
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support
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brother
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speaker
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told
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speaker
actually
know
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statement
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speaker
liable
damages
ii
majority
rest
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today
finding
statements
issue
explicitly
state
false
defamatory
fact
diadiun
assumption
milkovich
must
lied
hearing
patently
conjecture
majority
finds
diadiun
statements
actionable
however
concludes
statements
imply
factual
assertion
milkovich
perjured
judicial
proceeding
disagree
diadiun
reveals
facts
upon
relying
makes
clear
point
runs
facts
simply
guessing
read
context
statements
reasonably
interpreted
implying
assertion
fact
see
ante
reproducing
column
diadiun
begins
column
noting
day
common
pleas
overturned
decision
ohio
high
school
athletic
association
ohsaa
suspend
maple
heights
wrestling
team
year
state
tournament
adds
reversal
based
due
process
grounds
diadiun
emphasizes
audience
present
wrestling
meet
brawl
led
team
suspension
took
place
present
hearing
ohsaa
attributes
brawl
maple
heights
coach
milkovich
wild
gestures
ranting
egging
crowd
competing
team
mentor
describes
milkovich
testimony
ohsaa
characterizing
deliberate
misrepresentation
attempting
convince
board
innocence
incredibly
shift
blame
affair
mentor
ante
diadiun
quotes
statements
allegedly
made
milkovich
commissioners
effect
wrestlers
involved
fight
gestures
mere
shrugs
point
article
author
openly
begins
surmise
diadiun
says
seemed
milkovich
another
official
story
contained
enough
contradictions
obvious
untruths
ohsaa
board
able
see
robably
ohsaa
suspension
maple
heights
team
reflected
displeasure
much
testimony
melee
ante
emphasis
added
diadiun
guesses
time
hearing
two
officials
apparently
version
incident
polished
reconstructed
judge
apparently
believed
ibid
emphasis
added
first
time
column
quotes
third
party
version
events
source
ohsaa
commissioner
described
evident
contrast
diadiun
attended
proceeding
column
quote
testimony
proceeding
describe
milkovich
said
vague
statement
ohsaa
commissioner
testimony
sounded
pretty
darned
unfamiliar
first
time
diadiun
fails
claim
knowledge
stressing
personally
attended
meet
ohsaa
hearing
noting
judge
ruled
milkovich
maple
heights
favor
diadiun
proclaims
anyone
attended
meet
whether
maple
heights
mentor
impartial
observer
knows
heart
milkovich
scott
lied
hearing
given
solemn
oath
tell
truth
ibid
reasonable
reader
understand
diadiun
impliedly
asserting
fact
milkovich
perjured
reader
infer
diadiun
information
milkovich
testimony
belief
based
plain
column
diadiun
attend
hearing
diadiun
also
clearly
detailed
information
milkovich
said
instead
suffices
detail
color
quotations
ohsaa
hearing
old
news
compared
decision
prompted
column
vague
quotation
ohsaa
commissioner
readers
see
diadiun
focused
reversal
ohsaa
decision
angrily
supposing
must
led
even
insinuation
milkovich
repeated
plausible
version
misrepresentations
made
ohsaa
hearing
preceded
cautionary
term
apparently
unmistakable
sign
diadiun
know
milkovich
actually
said
autionary
language
interrogatories
put
reader
notice
read
opinion
thus
weaken
inference
author
possesses
knowledge
damaging
undisclosed
facts
word
reasonable
reader
encounters
cautionary
language
tends
discount
follows
ollman
evans
quoting
burns
broadcasting
see
also
sanford
libel
privacy
prevention
defense
litigation
explaining
many
courts
found
words
like
apparent
reveal
assertion
qualified
speculative
understood
declaration
fact
information
control
genesis
one
computer
explaining
statement
phrased
language
apparency
less
likely
understood
statement
fact
rather
statement
opinion
gregory
mcdonnell
douglas
finding
letter
cautiously
phrased
terms
apparency
imply
factual
assertions
stewart
chicago
title
ins
finding
letter
couched
language
opinion
rather
knowledge
imply
factual
assertions
thus
evident
diadiun
actually
wrote
unstated
reasons
concluding
milkovich
perjured
furthermore
tone
format
piece
notify
readers
expect
speculation
personal
judgment
tone
pointed
exaggerated
heavily
laden
emotional
rhetoric
moral
outrage
diadiun
never
says
instance
milkovich
committed
perjury
says
nyone
attended
meet
knows
heart
milkovich
lied
obvious
hyperbole
diadiun
purport
researched
everyone
attended
meet
knows
heart
format
piece
signed
editorial
column
photograph
columnist
logo
td
says
even
headline
page
column
continued
diadiun
says
maple
told
lie
ante
reminds
readers
reading
one
man
commentary
signed
columns
may
certainly
include
statements
fact
also
well
recognized
home
opinion
comment
chow
new
york
ste
jour
azur
certain
formats
editorials
reviews
political
cartoons
letters
editor
signal
reader
anticipate
departure
actually
known
author
fact
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