Wade Brady v. Leaanne Klentzman and Carter Publications, Inc. D/B/A the West Fort Bend Star, Inc.

515 S.W.3d 878, 60 Tex. Sup. Ct. J. 290, 45 Media L. Rep. (BNA) 1246, 2017 Tex. LEXIS 108, 2017 WL 387217
Texas Supreme Court·Decided January 27, 2017·No. 15-0056·Published·Cited by 115 cases

Opinions

Justice Devine

delivered the opinion of the Court,

in which Justice Johnson, Justice Guzman, Justice Lehrmann, and Justice Boyd joined.

Lest fear of damages dampen speech on public matters, the First Amendment im[881] poses safeguards for defendants in defamation cases. For example, a private individual who sues a media defendant for defamation over statements of public concern must prove the statements were false. Phila. Newspapers, Inc. v. Hepps, 475 U.S. 767, 776-77, 106 S.Ct. 1558, 89 L.Ed.2d 783 (1986). Further, to recover punitive damages, such a plaintiff must prove the defendant acted with “knowledge of falsity or reckless disregard for the truth.” Gertz v. Robert Welch, Inc., 418 U.S. 323, 349, 94 S.Ct. 2997, 41 L.Ed.2d 789 (1974). Yet in this defamation case, the trial court awarded actual damages against a newspaper defendant without requiring the plaintiff to prove the newspaper’s statements were false. Moreover, the court awarded punitive damages without a finding that the newspaper knew the statements were false or was reckless regarding their falsity. The court of appeals—holding the article covered a matter of public concern—reversed and remanded for a new trial, so the jury could evaluate the evidence under the proper standard. 456 S.W.3d 239, 266-67 (Tex. App.-Houston [1st Dist.] 2014). We affirm.

I

Wade Brady disputes a newspaper article that, among other things, portrayed him as “unruly and intoxicated” when he interacted with a State Trooper. The article, written by LeaAnne Klentzman for the West Fort Bend Star, described actions taken by Wade’s father, the Chief Deputy for the Fort Bend County Sheriffs office, after Wade was ticketed and charged with being a minor in possession of alcohol. Klentzman reported that Chief Brady “continually made contact with the officers” who ticketed his son. The officers “were intimidated,” Klentzman wrote, when Chief Brady “demanded any and all audio tapes or notes from that incident in their possession.” Although these meetings eventually stopped, Klentzman reported that personnel in the sheriffs office were “wondering when the other shoe will drop.”

Klentzman’s article chronicled three encounters between Wade and law enforcement. First, the article identified Wade as

the same son [of Chief Brady] who stated that he loaned his cell phone to a stranger who then absconded with it. The. alleged robbery resulted in a police pursuit through the streets of Rosenberg with the chief deputy driving his unmarked police car in the pursuit with his then 16-year-old son and friend in the vehicle. The pursuit ended when the alleged robber crashed his car into someone’s property.
Second, Klentzman recounted the events leading to Wade’s minor-in-possession charge:
According to testimony in the August trial of Wade Brady, in February of 2001, Wade had to travel to Galveston and pick up his brother, Cullen, and a friend after they had been involved in an automobile accident on the beach during Mardi Gras festivities. Upon arrival at the beach, Wade and his friend loaded the beverage-laden coolers from Cullen’s vehicle to his own. The group then headed back to Rosenberg.
According to Cullen’s testimony, he forgot to unload the cooler of alcoholic beverages from Wade’s truck after they arrived home from the beach. The next day, Wade and a friend were stopped by deputies from the sheriffs office ■ on State 99 (Grand Parkway) for littering. Again, according to testimony, an officer said that during the traffic stop they smelled what they believed to be alcohol in the cab area of the truck. Wade Brady was ticketed for MIP (minor in possession of alcohol).
[882] ... What makes this case unique is that the father of Wade Brady, Fort Bend County Sheriffs Department Chief Deputy Craig Brady, continually made contact with the officers involved.

Finally, the article reported that during one of Chief Brady’s meetings with the officers who ticketed Wade,

another incident with Wade and Cullen Brady was unfolding in the Chiefs driveway. Brady’s sons had led a DPS Trooper from the streets of Rosenberg winding down narrow roads all the way to their riverside home.
In the DPS video tape viewed by the Star and then later obtained through the Freedom of Information Act, Wade Brady was so unruly and intoxicated that the Trooper had to handcuff him and place him in the backseat of the police car for safety. .., Finally the Trooper admonished [them] and let them go into their home.
... Sheriff Milton Wright [could] be heard on the tape alerting Chief Brady over the county’s official radio system that he (Brady) needed to get home where “an incident” was occurring. .., Oddly, the county’s dispatcher can be heard attempting not to broadcast Cullen Brady’s name when the trooper asked for information.

In light of these events, Klentzman concluded “it should be glaringly apparent why the officers [who ticketed Wade] were intimidated” by Chief Brady’s actions.

Wade sued Klentzman and the West Fort Bend Star (collectively referred to as the media defendants) for libel and libel per se. He alleged the “article was a malicious attempt to portray Wade Brady as a criminal and as someone who used his father’s connections to skirt the charges filed against him.” According to Wade, Klentzman “consciously ignored the truth in preparing the story,” omitting some facts and fabricating others. For example, Wade emphasizes that the article never disclosed he was acquitted of the minor-in-possession charge.

At trial, the jury found that at least some statements in Klentzman’s article were defamatory. The jury found also that at least some of the statements were not substantially true, having been charged that “the Defendants have the burden to prove substantial truth by a preponderance of the evidence.” Although the jury concluded that Klentzman acted with “malice,” there was no finding that she acted with knowledge of falsity or reckless disregard for the truth. Instead, “malice” was defined as:

(a) A specific intent ... to cause substantial injury to Plaintiff Wade Brady; or
(b) An act or omission by [the defendant],
(i) Which when viewed objectively from the standpoint of [the defendant] at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others;
(ii) of which [the defendant] has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

In other words, “malice” was defined to require intent to cause injury or conscious indifference of the risk.

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Wade Brady v. Leaanne Klentzman and Carter Publications, Inc. D/B/A the West Fort Bend Star, Inc., 515 S.W.3d 878, 60 Tex. Sup. Ct. J. 290, 45 Media L. Rep. (BNA) 1246, 2017 Tex. LEXIS 108, 2017 WL 387217 (Tex. 2017).

515 S.W.3d 878 (Wade Brady v. Leaanne Klentzman and Carter Publications, Inc. D/B/A the West Fort Bend Star, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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