Dallas Morning News Co. v. Garcia

822 S.W.2d 675, 1991 WL 318719
CourtCourt of Appeals of Texas
DecidedDecember 11, 1991
Docket04-91-00472-CV
StatusPublished
Cited by7 cases

This text of 822 S.W.2d 675 (Dallas Morning News Co. v. Garcia) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dallas Morning News Co. v. Garcia, 822 S.W.2d 675, 1991 WL 318719 (Tex. Ct. App. 1991).

Opinions

ON RELATORS' PETITION FOR WRIT OF MANDAMUS

BUTTS, Justice.

PETITION FOR WRIT OF MANDAMUS CONDITIONALLY GRANTED

This original mandamus proceeding arises out of two libel actions against rela-tors.1 Respondent, Ricardo H. Garcia, judge of the 229th District Court of Starr County, has ordered relators to disclose to the libel plaintiffs the identity of the sources used in the preparation of the articles. Relators have asked for a writ of mandamus directing Judge Garcia to rescind his order compelling disclosure. They argue that he has abused his discretion because the identities of their sources are confidential and are protected from compelled disclosure by the journalist’s privilege. We conditionally grant the writ of mandamus.

The libel actions are based on a series of news articles entitled, “Texas’ Little Columbia,” investigating illegal drug trafficking in Starr and Hidalgo Counties. These counties border Mexico along the Rio Grande River. The series consisted of 20 articles that ran in the Morning News October 14 through 19, 1990. Plaintiffs complain that they were libeled by the nine articles in the series published on October 14, 15, and 17.

The first libel action, cause number 8845, was brought by the parents of Eloy Garza, Jr. as his next friends.2 Garza claims he was libeled in an article published on October 15, 1990. This article attempted to show how the drug trade and drug money had corrupted various government officials in Starr and Hidalgo counties. One sentence in the article falsely stated that Eloy Garza, Jr. had pleaded guilty to possession of small amounts of cocaine and marijuana. His father, Eloy Garza, Sr., is a county commissioner in Starr County. Discovering that the guilty party was another Eloy Garza, Jr., and not the commissioner’s son, who was six years old at the time, the Morning News printed a retraction.

The plaintiff in cause number 8846, the second libel action, is Gene Falcon, Sheriff of Starr County. One article in the series, published October 17, 1990 (the Falcon article), featured Sheriff Falcon. Falcon claims that this article falsely accused him by innuendo and by direct allegation of having been involved with drug trafficking and other illegal activity. He further claims that the articles published on October 14 and 15 libeled him by accusing him of the commission of criminal acts.

The Falcon article accused the sheriff of being friends with drug dealers and other criminals, of making little effort to combat drug trafficking in the county, of associating with an alleged drug kingpin, and of rerouting patrols to let drug shipments pass through the county unmolested. These accusations were attributed to sources such as “observers,” “local residents,” “ex-drug dealers,” and “former deputies.” The article mentioned that Falcon had been charged in Mexico for the drug-related murder of a hospitalized Mexican prisoner, and that Mexican authorities had issued a warrant for his arrest. The article also charged that the sheriff had purchased a large home in Starr County for less than its appraised value, and that the [678]*678home had been owned previously by the wife of Ramon Garcia Rodriguez, who was identified in the article as “an alleged drug kingpin and federal fugitive.”

Relators pleaded that the articles are true, that they were not published with actual malice, that they are not actionable because they are statements of opinion, that they are privileged as fair comment or criticism under Tex.Civ.PRAC. & Rem.Code Ann. § 73.002(b)(2) (Vernon 1986), that they are privileged because they are neutral reporting by responsible persons or organizations on matters of legitimate public interest, and that plaintiffs have not been damaged.

Plaintiffs filed a series of interrogatories and requests for production in which they sought the names of all third-party sources that were interviewed, or from whom statements were obtained or relied upon in preparing the nine articles. Relators assert that they have answered each interrogatory except those that would lead to disclosure of their confidential sources. They also claim that they have produced all requested documentary information, except that the names of their confidential sources have been expunged from the documents provided.

Plaintiffs filed motions to compel responses to their interrogatories and requests for production. In response, rela-tors asserted that the information requested was protected by the journalist’s privilege against forced disclosure of confidential sources.

A hearing was held on the motions to compel. In each case the court found that relators failed to prove the existence of their privilege; that the identities of the confidential sources for the articles in question (October 14, 15, and 17 in the Falcon case, and October 15 in the Garza case) are highly relevant and material, and necessary and critical to the trial of plaintiffs’ cases; that there are no other means available to determine the confidential sources; and that plaintiffs have exhausted all available means to determine the identity of the sources.

In the Falcon case, respondent granted plaintiff’s motion to compel in each particular, except one. Relators were not ordered to disclose confidential sources who are former Starr County sheriff’s deputies because the court found that Falcon had not exhausted all available means to determine their identities. The Garza motion was granted in its entirety. Except for the former deputies, relators were ordered to disclose their sources for all nine articles.

I. THE JOURNALIST’S PRIVILEGE

In Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972) the Supreme Court held that a journalist does not have an absolute privilege under the First Amendment to refuse to disclose confidential sources to a grand jury conducting a criminal investigation. The court, however, explicitly recognized that news gathering is not without first amendment protection. 408 U.S. at 707, 92 S.Ct. at 2670. “[Wjithout some protection for seeking out the news, freedom of the press could be eviscerated.” Id. at 681, 92 S.Ct. at 2656. Since Branzburg, the courts have recognized a qualified First Amendment privilege against compelled disclosure of confidential information possessed by a journalist. Miller v. Transamerican Press, Inc., 621 F.2d 721, 725 (5th Cir.), modified on rehearing, 628 F.2d 932 (5th Cir.1980), cert. denied, 450 U.S. 1041, 101 S.Ct. 1759, 68 L.Ed.2d 238 (1981).

The qualified privilege is also grounded in Tex.Const. art. I, § 8, the free speech and press clause. Channel Two Television Co. v. Dickerson, 725 S.W.2d 470, 472 (Tex.App.—Houston [1st Dist.] 1987, no writ). Given the overriding importance to our society of a free press, we feel it is important to emphasize that our decision today is based on both the First Amendment of the federal constitution and on article I, section 8 of our own constitution. See Channel Two, 725 S.W.2d at 472-73 (Levy, J., concurring).

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Dallas Morning News Co. v. Garcia
822 S.W.2d 675 (Court of Appeals of Texas, 1991)

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Bluebook (online)
822 S.W.2d 675, 1991 WL 318719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dallas-morning-news-co-v-garcia-texapp-1991.