Kbmt Operating Company, LLC, Kbmt License Company, LLC, Brian Burns, Jackie Simien and Tracy Kennick, Petitioners…

Summary

Justice Boyd dissents, arguing that the majority erred in concluding as a matter of law that the broadcasts did not convey a false gist and that the court improperly usurped the jury’s role under the no‑evidence standard. He maintains that Toledo presented sufficient prima‑facie evidence that an ordinary viewer could have understood the broadcasts to allege sexual contact with a pediatric patient, and that the court should not decide the truth of the broadcasts by measuring it against the Board’s proceedings.