Milkovich v. Lorain Journal Co.

497 U.S. 1, 110 S. Ct. 2695, 111 L. Ed. 2d 1, 1990 U.S. LEXIS 3296, 17 Media L. Rep. (BNA) 2009, 58 U.S.L.W. 4846
Supreme Court of the United States·Decided June 21, 1990·No. 89-645·Published·Cited by 1,748 cases

Opinions

Chief Justice Rehnquist

delivered the opinion of the Court.

Respondent J. Theodore Diadiun authored an article in an Ohio newspaper implying that petitioner Michael Milko-vich, a local high school wrestling coach, lied under oath in a judicial proceeding about an incident involving petitioner and his team which occurred at a wrestling match. Petitioner sued Diadiun and the newspaper for libel, and the Ohio Court of Appeals affirmed a lower court entry of summary judgment against petitioner. This judgment was based in part on the grounds that the article constituted an “opinion” protected from the reach of state defamation law by the First Amendment to the United States Constitution. We hold that the First Amendment does not prohibit the application of Ohio’s libel laws to the alleged defamations contained in the article.

This lawsuit is before us for the third time in an odyssey of litigation spanning nearly 15 years.1 Petitioner Milkovich, now retired, was the wrestling coach at Maple Heights High [4]*4School in Maple Heights, Ohio. In 1974, his team was involved in an altercation at a home wrestling match with a team from Mentor High School. Several people were injured. In response to the incident, the Ohio High School Athletic Association (OHSAA) held a hearing at which Milkovich and H. Don Scott, the Superintendent of Maple Heights Public Schools, testified. Following the hearing, OHSAA placed the Maple Heights team on probation for a year and declared the team ineligible for the 1975 state tournament. OHSAA also censured Milkovich for his actions during the altercation. Thereafter, several parents and wrestlers sued OHSAA in the Court of Common Pleas of Franklin County, Ohio, seeking a restraining order against OHSAA’s ruling on the grounds that they had been denied due process in the OHSAA proceeding. Both Milkovich and Scott testified in that proceeding. The court overturned OHSAA’s probation and ineligibility orders on due process grounds.

The day after the court rendered its decision, respondent Diadiun’s column appeared in the News-Herald, a newspaper which circulates in Lake County, Ohio, and is owned by respondent Lorain Journal Co. The column bore the heading “Maple beat the law with the ‘big lie,’” beneath which appeared Diadiun’s photograph and the words “TD Says. ” The carryover page headline announced “. . . Diadiun says Maple told a lie.” The column contained the following passages:

“ ‘. . . [A] lesson was learned (or relearned) yesterday by the student body of Maple Heights High School, and by anyone who attended the Maple-Mentor wrestling meet of last Feb. 8.
“‘A lesson which, sadly, in view of the events of the past year, is well they learned early.
“ ‘It is simply this: If you get in a jam, lie your way out.
[5]*5“‘If you’re successful enough, and powerful enough, and can sound sincere enough, you stand an excellent chance of making the lie stand up, regardless of what really happened.
“The teachers responsible were mainly head Maple wrestling coach, Mike Milkovich, and former superintendent of schools H. Donald Scott.
“ ‘Anyone who attended the meet, whether he be from Maple Heights, Mentor, or impartial observer, knows in his heart that Milkovich and Scott lied at the hearing after each having given his solemn oath to tell the truth.
“‘But they got away with it.
“ ‘Is that the kind of lesson we want our young people learning from their high school administrators and coaches?
“‘I think not.’” Milkovich v. News-Herald, 46 Ohio App. 3d 20, 21, 545 N. E. 2d 1320, 1321-1322 (1989).2

[6]*6Petitioner commenced a defamation action against respondents in the Court of Common Pleas of Lake County, Ohio, alleging that the headline of Diadiun’s article and the [7]*7nine passages quoted above “accused plaintiff of committing the crime of perjury, an indictable offense in the State of Ohio, and damaged plaintiff directly in his life-time occupation of coach and teacher, and constituted libel per se.” App. 12. The action proceeded to trial, and the court granted a directed verdict to respondents on the ground that the evidence failed to establish the article was published with “actual malice” as required by New York Times Co. v. Sullivan, 376 U. S. 254 (1964). See App. 21-22. The Ohio Court of Appeals for the Eleventh Appellate District reversed and remanded, holding that there was sufficient evidence of actual malice to go to the jury. See Milkovich v. Lorain Journal, 65 Ohio App. 2d 143, 416 N. E. 2d 662 (1979). The Ohio [8]*8Supreme Court dismissed the ensuing appeal for want of a substantial constitutional question, and this Court denied certiorari. 449 U. S. 966 (1980).

On remand, relying in part on our decision in Gertz v. Robert Welch, Inc., 418 U. S. 323 (1974), the trial court granted summary judgment to respondents on the grounds that the article was an opinion protected from a libel action by “constitutional law,” App. 65, and alternatively, as a public figure, petitioner had failed to make out a prima facie case of actual malice. Id., at 55-59. The Ohio Court of Appeals affirmed both determinations. Id., at, 62-70. On appeal, the Supreme Court of Ohio reversed and remanded. The court first decided that petitioner was neither a public figure nor a public official under the relevant decisions of this Court. See Milkovich v. News-Herald, 15 Ohio St. 3d 292, 294-299, 473 N. E. 2d 1191, 1193-1196 (1984). The court then found that “the statements in issue are factual assertions as a matter of law, and are not constitutionally protected as the opinions of the writer. . . . The plain import of the author’s assertions is that Milkovich, inter alia, committed the crime of perjury in a court of law.” Id., at 298-299, 473 N. E. 2d, at 1196-1197. This Court again denied certiorari. 474 U. S. 953 (1985).

Meanwhile, Superintendent Scott had been pursuing a separate defamation action through the Ohio courts. Two years after its Milkovich decision, in considering Scott’s appeal, the Ohio Supreme Court reversed its position on Diadiun’s article, concluding that the column was “constitutionally protected opinion.” Scott v. News-Herald, 25 Ohio St. 3d 243, 254, 496 N. E. 2d 699, 709 (1986). Consequently, the court upheld a lower court’s grant of summary judgment against Scott.

The Scott court decided that the proper analysis for determining whether utterances are fact or opinion was set forth in the decision of the United States Court of Appeals for the District of Columbia Circuit in Ollman v. Evans, 242 U. S. App. D. C. 301, 750 F. 2d 970 (1984), cert. denied, 471 U. S. [9]*91127 (1985). See Scott, 25 Ohio St. 3d, at 250, 496 N. E. 2d, at 706.

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Milkovich v. Lorain Journal Co., 497 U.S. 1, 110 S. Ct. 2695, 111 L. Ed. 2d 1, 1990 U.S. LEXIS 3296, 17 Media L. Rep. (BNA) 2009, 58 U.S.L.W. 4846 (1990).

497 U.S. 1 (Milkovich v. Lorain Journal Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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