O'CONNOR v. Burningham

2007 UT 58, 165 P.3d 1214, 583 Utah Adv. Rep. 3, 2007 Utah LEXIS 139, 2007 WL 2212679
CourtUtah Supreme Court
DecidedJuly 31, 2007
Docket20060090
StatusPublished
Cited by29 cases

This text of 2007 UT 58 (O'CONNOR v. Burningham) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'CONNOR v. Burningham, 2007 UT 58, 165 P.3d 1214, 583 Utah Adv. Rep. 3, 2007 Utah LEXIS 139, 2007 WL 2212679 (Utah 2007).

Opinion

NEHRING, Justice:

T1 More than forty years have passed since the United States Supreme Court placed public officials on notice that they could seek redress for defamatory statements made about them only if actual malice animated those statements. See N.Y. Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964) (involving a Montgomery, Alabama commissioner whose duties included the supervision of the police department). What the Court did not announce at the time, however, was the full roster of public officials, leaving considerable uncertainty over who qualified as a public official and who did not. Cf. Rosenblatt v. Baer, 383 U.S. 75, 85, 86 S.Ct. 669, 15 L.Ed.2d 597 (1966) (indicating New York Times did not determine the t ¢ categories of persons who would or would not be included " (quoting 376 U.S. at 284 n. 28, 84 S.Ct. 710)).

12 Today we hold that a women's high school basketball coach is not a public official and that, therefore, defamatory remarks made about such a coach are not entitled to heightened constitutional protection. We further hold that the defendants, who made statements that the coach contends are defamatory, enjoy a conditional privilege. We therefore reverse the district court's grant of summary judgment in favor of the defendants and remand this case for further proceedings consistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

13 Michael O'Connor was the women's basketball coach at Lehi High School, located in a small, northern Utah town. In the fall of 2003, Michelle Harrison enrolled at the high school. From all accounts Ms. Harrison possessed basketball talent that placed her among the elite of high school basketball players nationwide. 1 Her arrival, however, did not herald the beginning of a basketball dynasty at the school, nor did the considerable basketball skill disparity between Ms. Harrison and her Lehi teammates foster a desirable team chemistry. Whatever the causes may have been, that all was not well in the Lehi Pioneers' locker room soon became evident and, this spelled trouble for Mr. O'Connor.

T4 Commencing in November 2003 and continuing until the school dismissed Mr. O'Connor as the women's basketball coach before the start of the 2004-2005 school year, certain parents, extended family members, and friends of basketball team members (whom we will collectively refer to as the Parents as that is the term the parties chose for their own briefing) undertook a persistent and multifaceted campaign of complaints against Mr. O'Connor. They criticized his coaching demeanor. They questioned his use of money allocated to the team for travel and other team expenses. They accused him of *1217 extending unfair preferential treatment to Ms. Harrison both on and off the basketball court. They claimed that he had improperly recruited a player from another school.

T5 Mr. O'Connor's detractors took their grievances to the school principal and administrators. Dissatisfied with the school administration's determination that Mr. O'Con-nor had done nothing wrong and put off by the principal's letter setting out ground rules for complaining about the coach, the Parents directed their complaints to a new audience: the Alpine School Board. Although the school board took no formal action against him, the high school administration dismissed Mr. O'Connor from his role as the women's basketball coach and cited as grounds for its decision his refusal to promise that he would not deny team membership and playing time to the women in retaliation against the Parents.

T6 Mr. O'Connor sued the Parents for defamation. The Parents successfully moved for summary judgment before the district court based on their contention that Mr. ('Connor was a public official and, consequently, could not proffer a case for defamation without demonstrating that the Parents made their statements with actual malice-a showing the record did not permit. Mr. O'Connor appealed.

ANALYSIS

I. MR. O'CONNOR AS A WOMENS HIGH SCHOOL BASKETBALL COACH IS NOT A PUBLIC OFFICIAL

T 7 The central question before us-whether Mr. O'Connor is a public official-is an inquiry mandated by federal First Amendment principles announced by the United States Supreme Court. See, e.g., Monitor Patriot Co. v. Roy, 401 U.S. 265, 91 S.Ct. 621, 28 L.Ed.2d 35 (1971); Ocalo Star-Banner Co. v. Damron, 401 U.S. 295, 91 S.Ct. 628, 28 L.Ed.2d 57 (1971); St. Amant v. Thompson, 390 U.S. 727, 88 S.Ct. 1323, 20 L.Ed.2d 262 (1968); Curtis Publ'g Co. v. Butts, 388 U.S. 130, 87 S.Ct. 1975, 18 L.Ed.2d 1094 (1967); Rosenblatt v. Baer, 383 U.S. 75, 86 S.Ct. 669, 15 L.Ed.2d 597 (1966); N.Y. Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964).

18 A central maxim of these cases is that in the realm of defamation law all persons are not treated equally. Those who by choice or mishap acquire the status of a public official or public figure surrender a sizeable measure of their right to recover damages from those who defame them. Statements directed against public officials or public figures require proof that the speaker acted with actual malice and is thus more at "fault" than one whose defamatory statements were the product of a less malignant state of mind. See, e.g., N.Y. Times, 376 U.S. at 279, 84 S.Ct. 710 ("[Clonstitutional guarantees require ... prohibitiing] a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with 'actual malice':-that is, with knowledge that it was false or with reckless disregard of whether it was false or not."). The heightened burdens placed on public officials and public figures by the First Amendment define the limits of recovery under state defamation laws.

19 The Supreme Court justified its decision to disqualify public officials from recovering for defamatory statements that would be actionable if made against private citizens by recalling our nation's unfortunate experience with attempts to muzzle speech critical of office holders. 'As the Supreme Court saw matters, to permit civil money damage awards against a public official was to tolerate a practice too reminiscent of the sanctions on expression imposed by the odious Sedition Act, ch. 74, 1 Stat. 596 (1798). See generally N.Y. Times, 376 U.S. at 296, 84 S.Ct. 710 (Black, J., concurring) ("[Congress] did pass the Sedition Act in 1798, which made it a crime-"seditious libel"-to criticize federal officials or the Federal Government.... [TJhat Act came to an ignominious end and by common consent has generally been treated as having been a wholly unjustifiable and much to be regretted violation of the First Amendment.").

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Cite This Page — Counsel Stack

Bluebook (online)
2007 UT 58, 165 P.3d 1214, 583 Utah Adv. Rep. 3, 2007 Utah LEXIS 139, 2007 WL 2212679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnor-v-burningham-utah-2007.