Wade Brady, Petitioner v. Leaanne Klentzman and Carter Publications, Inc. D/b/a the West Fort Bend Star, Inc…

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment, holding that the newspaper article was a matter of public concern and therefore the jury charge was unconstitutional because it placed the burden of proving falsity and actual malice on the defendants. The Court also held that sufficient evidence existed of actual damages, justifying a new trial. Justice Hecht filed a dissent arguing that no evidence supported the damages awarded.