Harvest House Publishers v. Local Church

190 S.W.3d 204, 34 Media L. Rep. (BNA) 1161, 2006 Tex. App. LEXIS 100
CourtCourt of Appeals of Texas
DecidedJanuary 5, 2006
DocketNo. 01-04-00231-CV
StatusPublished
Cited by1 cases

This text of 190 S.W.3d 204 (Harvest House Publishers v. Local Church) 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
Harvest House Publishers v. Local Church, 190 S.W.3d 204, 34 Media L. Rep. (BNA) 1161, 2006 Tex. App. LEXIS 100 (Tex. Ct. App. 2006).

Opinion

OPINION

SHERRY RADACK, Chief Justice.

This is a libel suit brought by a church against a publisher and two authors after the church was included in a book about “religious cults,” as that term is defined in the book. The publisher and authors moved for summary judgment, which the trial court denied. This interlocutory appeal followed. See Tex. Civ. PRAC. & Rem. Code Ann. § 51.014(b) (Vernon Supp.2005). Because we agree that the passages in the book that refer to the church are not, as a matter of law, defamatory, we reverse the judgment of the trial court and render judgment that the church take nothing from the publisher and authors.

BACKGROUND

A. An Overview of the Encyclopedia of Cults and New Religions

John Weldon and John Ankerberg [“the authors”] "wrote a book entitled Encyclopedia of Cults and New Religions [“the book”], which was published by Harvest House Publishers [“the publisher”]. The book is 700 pages long. It begins with a section entitled “How to Use this Book,” which is followed by a 16-page Introduction, 57 separate chapters that describe various religious groups, including a chapter on appellees, The Local Churches and Living Stream Ministry [collectively, “the church”], and concludes with a 66-page section entitled, “Doctrinal Appendix.”

The church is not named at all in the Introduction. The chapter on the church is 1 and 1/4 pages long. Living Stream Ministry, the publishing voice of the church, is mentioned once in the chapter.

The Doctrinal Appendix mentions the church twice and Living Stream Ministry once. The first mention of the church is in a chart with 15 other religious groups under the title “Different Concepts of God.” The church is next mentioned in a list of 50 other religious groups under the subcategory “Religions, Cults, and the Deity of Christ.” Living Stream Ministry is mentioned in a footnote, as the source of a quote from one of the church's founders.

PROPRIETY OF TRIAL COURT’S DENIAL OF SUMMARY JUDGMENT

The authors and publisher moved for a traditional summary judgment, contending that (1) the language of the book is not legally capable of any defamatory meaning, (2) the allegedly defamatory statements were not made with “actual malice,” and (3) the statements were protected by the free speech and press provisions of the United States and Texas Constitutions.1

A. Standard of Review

When reviewing the denial of summary judgment, we apply the same well-known standards applicable to the granting of summary judgment. See Associated Press v. Cook, 17 S.W.3d 447, 451 (Tex.App.Houston [1st Dist.] 2000, no pet.). For their traditional summary judgment motion, the authors and publisher had the burden to show that no genuine issue of material fact existed and that they were entitled to judgment as a matter of law. See Tex.R. Civ. P. 166a(c); Swilley v. Hughes, 488 S.W.2d 64, 67 (Tex.1972). A [210]*210defendant who conclusively negates at least one of the essential elements of a cause of action is entitled to summary judgment on that cause of action. Swilley, 488 S.W.2d at 67. Likewise, a defendant who conclusively establishes each element of an affirmative defense is entitled to summary judgment. Id. Once the movant has established a right to a summary judgment, the burden shifts to the nonmovant. Marchal v. Webb, 859 S.W.2d 408, 412 (Tex.App.-Houston [1st Dist.] 1993, writ denied). The nonmovant must respond to the motion for summary judgment and present to the trial court any issues that would preclude summary judgment. City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex.1979); Marchal, 859 S.W.2d at 412. The summary judgment should be granted if any of the theories advanced in the motion for summary judgment is meritorious. See Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623, 626 (Tex.1996).

B. Is the Language of the Book Defamatory as to the Church?

In their first issue on appeal, the publisher and authors contend that the language of the book cannot, as a matter of law, be defamatory. To maintain a cause of action for defamation, the plaintiff must prove that the defendant (1) published a statement (2) that was defamatory concerning the plaintiff (3) while acting with either actual malice, if the plaintiff was a public figure, or negligence, if the plaintiff was a private individual, regarding the truth of the statement. WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). Whether a publication is capable of being defamatory is initially a question of law to be determined by the court. Turner v. KTRK Television, Inc., 38 S.W.3d 103, 114 (Tex.2000). To make this determination, the trial court should consider whether the words used are reasonably capable of defamatory meaning by considering the allegedly defamatory statement as a whole. See Musser v. Smith Protective Servs., Inc., 723 S.W.2d 653, 654-55 (Tex.1987). The determination is based on how a person of ordinary intelligence would perceive the entire statement. See also Bentley v. Bunion, 94 S.W.3d 561, 579 (Tex.2002). This question is submitted to a jury only if the contested language is ambiguous or of doubtful import. See Denton Pub. Co. v. Boyd, 460 S.W.2d 881, 884 (Tex.1970).

1. Is the Introduction Defamatory?

The church claims that it has been defamed by certain references made in the book’s Introduction. Specifically, paragraphs 15-17 of the church’s petition allege:

15. Within one year of the date of this Complaint, defendant published the Encyclopedia. The Encyclopedia consists primarily of descriptions of various religious organizations identified by the authors as cults. Preceding these descriptions is a lengthy, introductory section which informs the readers that, all of “the groups contained herein deserve the title” “cult.” Under a subheading entitled “Characteristics of Cults,” the introduction offers the reader a numbered list of negative attributes that the authors attribute to the “cults” described in the text. The introduction also includes many other statements attributing misdeeds and other approbations to the groups listed in the Encyclopedia.
16. Among other things, the Encyclopedia’s introduction specifically attributes to “cults” and therefore to Plaintiffs’ the following:
A. Subjecting members to “physical harm” (Page XXIV).
[211]*211B.

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Harvest House Publishers v. Local Church
190 S.W.3d 204 (Court of Appeals of Texas, 2006)

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Bluebook (online)
190 S.W.3d 204, 34 Media L. Rep. (BNA) 1161, 2006 Tex. App. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harvest-house-publishers-v-local-church-texapp-2006.