Scott v. News-Herald

496 N.E.2d 699, 25 Ohio St. 3d 243, 13 Media L. Rep. (BNA) 1241, 25 Ohio B. 302, 1986 Ohio LEXIS 728
CourtOhio Supreme Court
DecidedAugust 6, 1986
DocketNo. 84-274
StatusPublished
Cited by205 cases

This text of 496 N.E.2d 699 (Scott v. News-Herald) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. News-Herald, 496 N.E.2d 699, 25 Ohio St. 3d 243, 13 Media L. Rep. (BNA) 1241, 25 Ohio B. 302, 1986 Ohio LEXIS 728 (Ohio 1986).

Opinions

Locher, J.

The general issue presented in this appeal is whether summary judgment was properly granted against appellant who avers he was defamed by appellees’ column. Because we hold, as a matter of law, that the article in question was opinion, we find for appellees and affirm the court of appeals.

I

This case requires us to reformulate the test and standard in the context of published comment alleged to be defamatory. In Milkovich v. News-Herald, supra, this court recently dealt with the same article we examine today. For reasons to be expressed herein, we now overrule the holding in Milkovich with respect to the characterization of the article. We find the article to be an opinion, protected by Section 11, Article I of the Ohio Constitution as a proper exercise of freedom of the press.

The federal Constitution has been construed to protect published opinions ever since the United States Supreme Court’s opinion in Gertz v. Robert Welch, Inc. (1974), 418 U.S. 323. The court stated in Gertz at 339-340:

[245]*245“We begin with the common ground. Under the First Amendment there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas. * * *”

Federal and state courts alike have consistently adhered to the proposition that the free speech and press guarantees protect published opinions. See, e.g., Orr v. Argus-Press Co. (C.A. 6, 1978), F. 2d 1108; Meyers v. Boston Magazine Co. (1980), 380 Mass. 336, 403 N.E. 2d 376. Our democratic society is founded upon the freedom to voice objections concerning the status quo, and is dependent upon the interplay of conflicting viewpoints to improve itself and our justice system. See Orr v. Argus-Press Co., supra, at 1117. The United States Supreme Court has been guided by the “* * * profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open * * *.” New York Times Co. v. Sullivan, supra, at 270. The intent is to avoid self-censorship, whereby overbroad defamation standards result in the stifling of important non-defamatory material. Gertz, supra, at 340. These ideals are not only an integral part of First Amendment freedoms under the federal Constitution but are independently reinforced in Section 11, Article I of the Ohio Constitution which reads in pertinent part:

“Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press.”

With these principles in mind we will now review appellant’s propositions of law with particularity.

II

Appellant presents three propositions of law. The first states that “[t]he superintendent of public schools in a local school district in Ohio is not a public official for the purposes of the law of defamation where he is defamed in an article that does not relate to the performance of his official duties and because the position he holds is not such that he has, or appears to the public to have, substantial responsibility for the affairs of government.”

In response to this proposition we reiterate the United States Supreme Court’s statement in Rosenblatt v. Baer (1966), 383 U.S. 75, 86:

“* * * Where a position in government has such apparent importance that the public has an independent interest in the qualifications and performance of the person who holds it, beyond the general public interest in the qualifications and performance of all government employees, both elements we identified in New York Times are present and the New York Times malice standards apply.”

While distinctions between public figures, public officials, and private figures can be nebulous and difficult to apply, see, e.g., Elder, Defamation, Public Officialdom and the Rosenblatt v. Baer Criteria — A Proposal for [246]*246Revivification: Two Decades After New York Times Co. v. Sullivan (1984), 33 Buffalo L. Rev. 579, the distinction is extremely important. See New York Times Co., supra; Dupler v. Mansfield Journal (1980), 64 Ohio St. 2d 116 [18 O.O.3d 354].

The rationale underlying the heightened standard of proof for public officials and public figures is that our society encourages uninhibited debate on the performance of public officials and on all public issues. New York Times Co., supra; Curtis Publishing Co. v. Butts (1967), 388 U.S. 130. Misstatements and falsehoods are inevitable in any democratic scheme of freedom of expression and debate. Any threat of liability, with regard to the expression of unpopular statements, may result in a “chilling” effect with devastating consequences to a democratic society. Private parties are not made subject to a high standard simply because they do not have the same opportunity to rebut damaging allegations as do those in the public realm.

As superintendent of a municipal public school system, appellant falls within the Rosenblatt guidelines. R.C. 3319.01 details the duties of a public school superintendent and provides that “[t]he superintendent of a [city] school district shall be the executive officer for the [school] board. * * *” Clearly, the head of a city school district has substantial responsibilities in the operation of the system. Moreover, the Maple Heights public has a substantial interest in the qualifications and performance of the person appointed as its superintendent.

Because the newspaper in which the alleged libelous statements were contained is of a local circulation, a finding of public official status is particularly strengthened. Controversial actions of a public school superintendent constitute major news in the local paper. A contrary finding would stifle public debate about important local issues. We are therefore compelled to reject as meritless any argument that suggests appellant is merely a “small fish in a big pond” when a local paper is the publishing medium. See Rosenblatt v. Baer, supra, at 83 (“The subject matter may have been only of local interest, but at least here, where publication was addressed primarily to the interested community, that fact is constitutionally irrelevant.”).

Appellant further argues that the defamation did not relate to his official conduct as school superintendent. This view, however, is inapposite to the entire basis for Diadiun’s article:

“When a person takes on a job in a school, whether it be as a teacher, coach, administrator or even maintenance worker, it is well to remember that his primary job is that of educator.”

It was precisely because both Milkovich and Scott were authority figures — individuals with substantial impact on their community — that the article was ostensibly written. Diadiun had seen and heard appellant’s activities at the wrestling match and the OHSAA hearing.

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Bluebook (online)
496 N.E.2d 699, 25 Ohio St. 3d 243, 13 Media L. Rep. (BNA) 1241, 25 Ohio B. 302, 1986 Ohio LEXIS 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-news-herald-ohio-1986.