State constitution gives papers more press freedom than the First Amendment p. 43

By: M.L. Stein

So says the Utah Supreme Court in overturning a
libel decision against small daily newspaper; columnists,
editorial writers given broad protection to express opinion sp.

IN OVERTURNING A libel decision against a small daily newspaper, the Utah Supreme Court ruled recently that the state's own constitution gives its newspapers more freedom to express opinions than allowed by the First Amendment.
"This is a very significant opinion and a great victory for the press," said Randy Dryer, a Salt Lake City attorney, who represented the St. George Daily Spectrum in the case.
The lawsuit was filed by Terry West, the mayor of the nearby town of LaVerkin, in connection with three columns the Spectrum published in 1988.
The columns criticized West for allegedly changing positions on an important political issue and attempting to manipulate the media.
A state court judge dismissed the suit for lack of sufficient proof that the editors had acted with malice in publishing the columns.
But an appellate court reinstated it, declaring that it should go to trial.
That court relied on the U.S. Supreme Court ruling in Milkovich vs. the Lorain (Ohio) Journal, which held that the media can be sued for defamation for opinion pieces, editorials and columns.
In its 5-0 decision, the Utah high court said that accusing an elected official of trying to manipulate the media is not libel.
"While no politician would welcome such criticism ? and indeed might find it personally offensive ? this does not render it defamation," said the opinion written by Justice Christine Durham.
She added that politicians can expect to be criticized in columns, noting that such criticism "comes with the job of being mayor."
The court drew a sharp line between fact ? which can be defamatory ? and opinion, which can never be defamatory.
Attorney David Zimmerman, who worked with Dryer on the appeal, said in an interview that the Supreme Court drew heavily on Utah's history of a free-swinging press.
"In the 19th century, there was broad use of opinion by newspapers in this state," he said.
"The justices took a good look at our history."
Dryer was quoted in the Deseret News as saying that the Supreme Court ruling "makes Utah a leader in the nation in protecting expressions of opinion. The court has interpreted Utah's constitution as giving editorial writers and columnists greater protection than previously recommended under the First Amendment to the federal Constitution."
He said, "This ruling should provide editors with some important guidelines. It will also give editors greater latitude in publishing editorials and columns."