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Reason
Reason
Politics
Eugene Volokh

No Media Libel Liability in Texas for Accurately Reporting Third-Party Allegations on Public-Concern Matters

Under American libel law, accurately repeating a defamatory allegation is itself defamatory, though with various exceptions. Texas law creates a huge exception, almost large enough to swallow the rule—Tex. Civ. Prac. & Rem. Code § 73.005(b) provides that

In an action brought against a newspaper or other periodical or broadcaster, the defense [of truth] applies to an accurate reporting of allegations made by a third party regarding a matter of public concern….

Here's an illustration, from Gallaher v. Denton Media Co., decided Thursday by the Texas Court of Appeals (Fort Worth), by Justice Elizabeth Kerr, joined by Justices Mike Wallach and Brian Walker; I think it likely would have come out the same way in other states, under the "fair report" privilege, which applies to accurate reporting of contents of government documents—but the court's logic would have applied even had the report not been a government document:

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