Villarreal v. Harte-Hanks Communications, Inc.

787 S.W.2d 131, 1990 WL 20941
CourtCourt of Appeals of Texas
DecidedApril 19, 1990
Docket13-89-197-CV
StatusPublished
Cited by22 cases

This text of 787 S.W.2d 131 (Villarreal v. Harte-Hanks Communications, Inc.) 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
Villarreal v. Harte-Hanks Communications, Inc., 787 S.W.2d 131, 1990 WL 20941 (Tex. Ct. App. 1990).

Opinions

OPINION

NYE, Chief Justice.

This is a libel action. Appellant, Elda Villarreal, sued appellees, Harte-Hanks Communications, Inc., and Greg Fieg-Piza-no, author of an article published on February 8, 1985 in the Corpus Christi Times, and several other entities. Appellant contended that this article dealing with her activities as a Child Protective Services (CPS) specialist with the Texas Department of Human Resources (TDHR) was libelous. The jury determined that the article was substantially false and was defamatory, but was not published with malice. The jury found damages in the amount of $160,-000.00. The trial court entered a take-nothing judgment favorable to appellees.

Plaintiff alleged that the newspaper article libeled her by stating in effect that she was not doing her job as a proper welfare agent. The portion of the allegedly libelous article that identifies appellant by name follows:

Though police files dating to 1982 cite the 12-year-old as a shoplifter, runaway and curfew violator, welfare agent Elda Villarreal did not petition the court to remove the children until Jan. 25 [1985].

By point one, appellant complains that no evidence supports the trial court’s submission of Special Question No. 7. This question asked the jury to determine whether on or before February 8, 1985, appellant was a “public official.”1 The jury answered that she was. By point two, appellant complains the trial court erred by overruling her motion to disregard unsupported and immaterial findings because “no evidence” supported the jury’s answer to Question No. 7.

In considering “no evidence” and “insufficient evidence” points of error, we will follow the well-established test set forth in Calvert, No Evidence and Insufficient Evidence Points of Error, 38 Texas L.Rev. 361 (1960). In deciding a no evidence point, we consider only the evidence and inferences which tends to support the jury’s findings and disregard all evidence and inferences to the contrary. A “no evidence” point must be sustained if there is a complete absence of, or no more than a scintilla of evidence which supports the verdict. McKnight v. Hill & Hill Exterminators, Inc., 689 S.W.2d 206, 207 (Tex.1985); Old Republic Insurance Co. v. Diaz, 750 S.W.2d 807, 809 (Tex.App.—El Paso 1988, writ denied).

The First Amendment to the United States Constitution is premised on the belief that free and open debate on public issues must be protected from government interference. The First Amendment “was fashioned to assure unfettered interchange of ideas for the bringing of political and social changes desired by the people.” Roth v. United States, 354 U.S. 476, 484, [133]*13377 S.Ct. 1304, 1309, 1 L.Ed.2d 1498 (1957). If these goals are to be achieved, protection of expression cannot be limited to what is true. “[E]rroneous statement is inevitable in free debate ... it must be protected if the freedoms of expression are to have the ‘breathing space’ that they ‘need ... to survive.’ ” New York Times Co. v. Sullivan, 376 U.S. 254, 271-72, 84 S.Ct. 710, 721, 11 L.Ed.2d 686 (1964) (quoting N.A.A. C.P. v. Button, 371 U.S. 415, 433, 83 S.Ct. 328, 338, 9 L.Ed.2d 405 (1963)). Consequently, the United States Supreme Court has placed limitations on the award of damages in defamation actions.

One such limitation is the rule established in New York Times, 376 U.S. at 279-80, 84 S.Ct. at 725-26 that “prohibits 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 New York Times Court has indicated that a showing of actual malice requires that the public official provide “clear and convincing proof,” Gertz v. Robert Welch, Inc., 418 U.S. 323, 342, 94 S.Ct. 2997, 3008, 41 L.Ed.2d 789 (1974), “that the defendant in fact entertained serious doubts as to the truth of his publication.” St. Amant v. Thompson, 390 U.S. 727, 731, 88 S.Ct. 1323, 1325, 20 L.Ed.2d 262 (1968).

Two prerequisites must be met for the New York Times standard to apply. First, the plaintiff must be a public official for the purposes of the article, and second, the defamatory statements must relate to the plaintiff’s official conduct. See Monitor Patriot Co. v. Roy, 401 U.S. 265, 273-75, 91 S.Ct. 621, 626-27, 28 L.Ed.2d 35 (1971); Garrison v. Louisiana, 379 U.S. 64, 76-77, 85 S.Ct. 209, 216-17, 13 L.Ed.2d 125 (1964); New York Times, 376 U.S. at 283 n. 23, 84 S.Ct. at 728 n. 23.

In the instant case, the allegedly defamatory remarks relate to appellant’s conduct while she was an employee with TDHR. Her status as a TDHR employee during the period discussed in the story is undisputed. Hence, the second prerequisite is satisfied.

Regarding the first prerequisite, we note that the New York Times Court had no occasion to determine how far down into the lower rank of government employees the “public official” designation would extend, and the Court did not specify categories of persons who would or would not be included. The respondent was an elected city commissioner and there was no question that he was a “public official.” New York Times, 376 U.S. at 283, n. 23, 84 S.Ct. at 728 n. 23.

The United States Supreme Court has declined to pronounce an all-encompassing definition of who constitutes a public official or devise a formalistic test of how high on.the ladder of public importance a particular government employee must stand in order to be subject to the public official scrutiny in libel actions. Vazquez Rivera, 641 F.Supp. at 671. In Rosenblatt, a minimum test requirement was established as follows:

The public official designation applies at the very least to those among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of governmental affairs. (Emphasis added).

Rosenblatt, 383 U.S. at 85, 86 S.Ct. at 675. By way of elaboration on the “public official” definition, the Court stated:

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.

Rosenblatt, 383 U.S. at 86, 86 S.Ct. at 676.

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Villarreal v. Harte-Hanks Communications, Inc.
787 S.W.2d 131 (Court of Appeals of Texas, 1990)

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