December 11, 2015

Boston Herald Wins Lawsuit Over Protected Opinion Coverage




[From article]
The court ruled, in a unanimous decision, that the paper’s coverage concerning the suicide of former Boston lead singer Brad Delp was opinion protected under the First Amendment.
Scholz sued the Herald in 2010, claiming that articles published by the Herald’s Inside Track columnists in March 2007 implied that he was responsible for Delp’s decision to take his life.
The court ruled otherwise.
[. . .]
In the 23-page decision, the court was clear the coverage of Delp’s March 9, 2007, suicide was based on opinion.
Scholz’s law firm, Todd & Weld, referred a request for comment to the rocker’s publicist, who said Scholz was “disappointed that the court has decided to allow a tabloid newspaper to avoid having a jury decide the facts.”
The Herald’s position was supported by a friend of the court brief filed by more than 25 newspapers and journalist groups, including the Reporters Committee for Freedom of the Press, the American Society of News Editors, the National Press Club, Time Inc., National Public Radio and The Washington Post.
The court also upheld the Superior Court’s ruling requiring Scholz to pay the Herald over $132,000, not including interest, for the court costs incurred in defending against the litigation.
[. . .]
"The ability of journalists to interpret information they present to the public is a vital component of free speech,” National Press Club President John Hughes said. “We are relieved this essential activity will not be curtailed.”

http://www.bostonherald.com/news/local_coverage/2015/11/news_groups_praise_heralds_victory_in_free_speech_case

News groups praise Herald's victory in free speech case
Joe Dwinell, Owen Boss
Thursday, November 26, 2015
Joe Dwinell for Boston Herald
joed@bostonherald.com

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