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- Subject: MILKOVICH v. LORAIN JOURNAL CO., Syllabus
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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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-
- Syllabus
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- MILKOVICH v. LORAIN JOURNAL CO. et al.
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- certiorari to the court of appeals of ohio, lake county
-
- No. 89-645. Argued April 24, 1990--Decided June 21, 1990
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- While petitioner Milkovich was a high school wrestling coach, his team was
- involved in an altercation at a match with another high school's team.
- Both he and School Superintendent Scott testified at an investigatory
- hearing before the Ohio High School Athletic Association (OHSAA), which
- placed the team on probation. They testified again during a suit by
- several parents, in which a county court overturned OHSAA's ruling. The
- day after the court's decision, respondent Lorain Journal Company's
- newspaper published a column authored by respondent Diadiun, which implied
- that Milkovich lied under oath in the judicial proceeding. Milkovich
- commenced a defamation action against respondents in the county court,
- alleging that the column accused him of committing the crime of perjury,
- damaged him in his occupation of teacher and coach, and constituted libel
- per se. Ultimately, the trial court granted summary judgment for
- respondents. The Ohio Court of Appeals affirmed, considering itself bound
- by the State Supreme Court's determination in Superintendent Scott's
- separate action against respondents that, as a matter law, the article was
- constitutionally protected opinion.
-
- Held:
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- 1. The First Amendment does not require a separate "opinion" privilege
- limiting the application of state defamation laws. While the Amendment
- does limit such application, New York Times Co. v. Sullivan, 376 U. S. 254,
- the breathing space that freedoms of expression require to survive is
- adequately secured by existing constitutional doctrine. Foremost, where a
- media defendant is involved, a statement on matters of public concern must
- be provable as false before liability can be assessed, Philadelphia
- Newspapers, Inc. v. Hepps, 475 U. S. 767, thus ensuring full constitutional
- protection for a statement of opinion having no provably false factual
- connotation. Next, statements that cannot reasonably be interpreted as
- stating actual facts about an individual are protected, see, e. g.,
- Greenbelt Cooperative Publishing Assn., Inc. v. Bresler, 398 U. S. 6, thus
- assuring that public debate will not suffer for lack of "imaginative
- expression" or the "rhetorical hyperbole" which has traditionally added
- much to the discourse of this Nation. The reference to "opinion" in dictum
- in Gertz v. Robert Welch, Inc., 418 U. S. 323, 339-340, was not intended to
- create a wholesale defamation exemption for "opinion." Read in context,
- the Gertz dictum is merely a reiteration of Justice Holmes' "marketplace of
- ideas" concept, see Abrams v. United States, 250 U. S. 616, 630. Simply
- couching a statement--"Jones is a liar"--in terms of opinion--"In my
- opinion Jones is a liar"--does not dispel the factual implications
- contained in the statement. Pp. 9-19.
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- 2. A reasonable factfinder could conclude that the statements in the
- Diadiun column imply an assertion that Milkovich perjured himself in a
- judicial proceeding. The article did not use the sort of loose,
- figurative, or hyperbolic language that would negate the impression that
- Diadiun was seriously maintaining Milkovich committed perjury. Nor does
- the article's general tenor negate this impression. In addition, the
- connotation that Milkovich committed perjury is sufficiently factual that
- it is susceptible of being proved true or false by comparing, inter alia,
- his testimony before the OHSAA board with his subsequent testimony before
- the trial court. P. 19.
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- 3. This decision balances the First Amendment's vital guarantee of free
- and uninhibited discussion of public issues with the important social
- values that underlie defamation law and society's pervasive and strong
- interest in preventing and redressing attacks upon reputation. Pp. 20-21.
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- 46 Ohio App. 3d 20, 545 N. E. 2d 1320, reversed and remanded.
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- Rehnquist, C. J., delivered the opinion of the Court, in which White,
- Blackmun, Stevens, O'Connor, Scalia, and Kennedy, JJ., joined. Brennan,
- J., filed a dissenting opinion, in which Marshall, J., joined.
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