Texas Supreme Court
Byron D. Neely v. Nanci Wilson, Cbs Stations Group Of…
June 28, 201357 Tex. Sup. Ct. J. 224
Summary
The Texas Supreme Court reversed the Court of Appeals and remanded for further proceedings, holding that Dr. Neely raised a genuine issue of material fact as to the truth or falsity of the broadcast’s gist and that the media defendants had not conclusively proven the substantial truth defense. The Court also found fact issues on the official/judicial proceedings privilege, rejected Neely’s status as a limited‑purpose public figure, and allowed his professional association to maintain a defamation claim. A dissent argued the broadcast was substantially true and that the majority’s ruling unduly restricts free‑press protections.