dallas morning news v tatum summary

Although the West court acknowledged and purported to apply the Milkovich analysis, it disregarded Milkovich 's conclusions that accusing a person of being a liar or committing perjury can be sufficiently verifiable to constitute an actionable statement of fact rather than a nonactionable opinion. The Dallas Morning News v. Tatum, No. The Tatums' argument fails because the information that DMN allegedly failed to disclose does not concern the service they bought. By 1879 Alfred H. Belo, who had acquired control of the business, was investigating the possibility of establishing a sister paper in rapidly developing North Texas. Although the column did not mention the Tatums by name, it quoted from Paul's obituary and it described him and events surrounding his death. at 1516, at *5. Id. Public Benefits He was an excellent and popular student, an outstanding athlete, and had no history of mental illness. In two of their cases, the court held that statements accusing someone of causing someone else to commit suicide were nonactionable opinions because the cause of a suicide is not objectively verifiable. See Neely, 418 S.W.3d at 62 ([S]tatements that are not verifiable as false cannot form the basis of a defamation claim.); see also Am. Nevertheless, the Milkovich Court concluded that calling someone a liar and accusing someone of perjury are both sufficiently verifiable to support a defamation claim. Id. Trusts & Estates Based on the record before us, we conclude that the Tatums were not limited-purpose public figures. Neely, 418 S.W.3d at 70. denied). This argument misses the point. Prac. See D Magazine Partners, L.P. v. Rosenthal, No. New Times, Inc. v. Isaacks, 146 S.W.3d 144, 157 (Tex.2004). The Tatums' live pleading asserted Libel as count 1 and Libel per se as count 2. One was an email to Blow in which the author wrote, He [Paul] was a popular and accomplished young man and many people understood to whom you referred.. The Tatums argue that [t]he false gist of the Column is that [they] dishonestly characterized their son's death in the Obituary as a means to shroud his suicide in secrecy. The first question is whether an ordinarily intelligent person could construe the column as conveying that gist. Karen Misko took the post to be directed at her and sued Johns for libel. You can explore additional available newsletters here. The Tatums sued both appellees for libel and libel per se. There is thus some evidence from which a reasonable factfinder could find negligence's first prongthat appellees should have known of the defamatory statement's falsity, but failed to use reasonable care to ascertain the truth of the column's gist. West sued for defamation, he lost the case on summary judgment, and the case came before the Utah Supreme Court. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. In two appellate issues, the Tatums urge that the trial court erred in granting the summary judgment dismissing their libel and DTPA claims. We recently cited Lipsky and placed the burden of proving falsity on the plaintiff in a libel case involving the Texas Citizens Participation Act, Civ. Environmental Law App.Dallas Dec. 30, 2015, pet. 1558, 89 L.Ed.2d 783 (1986) ; see also Turner, 38 S.W.3d at 116 ; Klentzman v. Brady, 456 S.W.3d 239, 26364 (Tex.App.Houston [1st Dist.] Construction Law Herald, Inc., No. padres scout team 2025; what did william engesser die of; assassin's creed odyssey entrance to Id. See Neely, 418 S.W.3d at 62 ; Bentley, 94 S.W.3d at 57985. Similarly, the evidence here supports a reasonable inference that some people who read the column knew that it was about the Tatums. Reckless disregard means that the publisher entertained serious doubts about the publication's truth or had a high degree of awareness of the publication's probable falsity. WebA two-way dialogue is healthy for our community and we'd love to hear from you. Appellees won a take-nothing summary judgment. 160098 Supreme Court of Texas. Haynes is distinguishable. Nonetheless, the Tatums filed affidavits by two experts. Appellees also argue that there is no evidence to support the Tatums' theory that a brain injury made Paul suicidal. Appellees, however, counter that no ordinary reader would think the column defames the Tatums. We conclude that summary judgment was proper as to the Tatums' DTPA claims but not as to their libel claims. Two, they did not mention suicide in the obituary because (i) they believed it would give a false impression that Paul committed suicide as a result of depression or other mental illness and (ii) they did not feel it would honor Paul's memory to include morbid details about his death or to include overly scientific information. We disagree. Doubtless, the reader can appreciate the extreme grief that overcomes any parent who outlives his or her child. Insurance Law The trial court later lifted the stay and again rendered a take-nothing summary judgment against the Tatums. The Tatums submitted evidence showing that: One, their motive in stating that Paul died as a result of injuries sustained in an automobile accident was to express their belief, after investigation, that the best explanation of the underlying cause of Paul's suicide was a brain injury sustained in the auto accident. (A publication is of and concerning the plaintiff if persons who knew and were acquainted with him understood from viewing the publication that the defamatory matter referred to him.). 73.001. The Tatums also filed copies of a number of emails bearing on the subject.

In adopting the verifiable as false test in Bentley and Neely, the Texas Supreme Court relied on the United States Supreme Court's decision in Milkovich v. Lorain Journal Co., 497 U.S. 1, 110 S.Ct. 73.001. In defamation, a statement is not actionable unless it asserts an objectively verifiable fact rather than an, The court of appeals affirmed as to the deceptive-trade practices claims, but it reversed and remanded the, Full title:John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc, John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc. and Steve Blow, Appellees. Accordingly, neither a traditional nor a no-evidence summary judgment could properly be granted against the Tatums on the theory that the column was not about them. WebNJDEP, Land Use Regulation, Borough of Madison and Borough of Chatham v. NJDEP and NJ Infrastructure Bank, NJDEP, Solid Waste Compliance and Enforcement v. Classic Cleaning (d/b/a Bio-Clean of New Jersey) and Andrew P. Yurchuck, John and Jane Gibbons v. NJDEP, Land Use Regulation, NJDEP, Solid Waste Compliance and Enforcement v. at 1019. Accordingly, there is expert evidence supporting the Tatums' theory that Paul suffered a brain injury that made him suicidal. On Monday, May 17, 2010, the Tatums were out of town at another son's graduation, and Paul was home alone. We sustain the Tatums' first issue. Heritage Capital, LP v. Gonzalez, 436 S.W.3d 865, 875 (Tex.App.Dallas 2014, no pet.) port rowan funeral home See id. Communications Law peter waltham curtin radio; levi ablett medical condition; danby dehumidifier pump light flashing; marie devereux; Calling someone a liar and accusing someone of perjury, as occurred in those cases, both implicate the person's mental state, because both liar and perjury denote the willful telling of an untruth. Bus. 13, 2015, pet. We review a summary judgment de novo. In this libel-by-implication case, a column written by Steve Blow and published by The Dallas Morning News (collectively, Petitioners) was reasonably capable of meaning that John and Mary Ann Tatum acted deceptively and that the accusation of deception was reasonably capable of defaming the Tatums. Texas Supreme Court dismisses defamation lawsuit against The Dallas Morning News John and Mary Ann Tatum, whose 17-year-old son shot himself, sued The Nonetheless, a journalist may not omit and juxtapose facts in such a way as to make the facts reported convey a false gist or meaning. The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. For the reasons discussed below, we conclude that they did. Legal Ethics We thus conclude that Denton Publishing Co. is still controlling law. To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. STANDARD OF REVIEW. The summary judgment evidence included a copy of the printed version of the newspaper column that prompted this suit. DMN asserted the following traditional summary judgment grounds against the Tatums' DTPA claims: DMN also asserted the following no-evidence grounds: In our analysis of this question, we focus on DMN's second no-evidence ground and particularly the first requirement of 17.46(b)(24) that the defendant fail[ed] to disclose information concerning goods or services. Id. The obituary stated that Paul died as a result of injuries sustained in an automobile accident. The Tatums chose this wording to reflect their conviction that Pauls suicide resulted On appeal, appellees argue only that the affidavits are too speculative. at 571 ; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 (Tex.App.Houston [1st Dist.] (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 141 Tex. Please call 214-745-8383 or 1-800-925-1500. Civil Procedure & Com.Code Ann. Austin v. Inet Techs., Inc., 118 S.W.3d 491, 496 (Tex.App.Dallas 2003, no pet.). of Tex., Inc. v. Tex. The distance between the column's discussion of Paul's case and its discussion of mental illness is not so great that a reader of ordinary intelligence could not connect the two, and the closing exhortation for frank discussion, timely intervention, and honesty tends to tie the end of the column back to the two specific illustrations of deception. Saying someone is popular is not inconsistent with the premise that he is mentally ill, nor is asserting that someone committed suicide out of remorse over a car crash inconsistent with the premise that he was mentally ill. Because we conclude that the column is capable of a defamatory meaning, there is at least a fact issue regarding this element, and appellees' traditional and no-evidence grounds attacking that element cannot support the trial court's judgment. when you walk away from a cancer man, dallas morning news v tatum summary, who are the wellington musicians accused of assault, white horse tavern rhode island, worcester man dies in motorcycle accident, current mlb players with criminal records, eyes blood bones stuck in your We acknowledge that evidence of a negligent investigation, standing alone, does not raise a fact issue on actual malice: Bentley, 94 S.W.3d at 591 (footnotes omitted). But Tomaso and Sherrington were also deposed, and they both testified that they did not remember having a conversation with Blow about Paul's death. The Tatums argue that there was, focusing specifically on the intent that the word deception implies.

Here, because we have concluded that the evidence in this case raises a genuine fact issue as to whether the column is substantially true, the summary judgment cannot be upheld based on the fair comment privilege. We next consider appellees' summary judgment ground that the column contains only nonactionable opinions. Because these privileges are affirmative defenses, see Denton Publ'g Co. v. Boyd, 460 S.W.2d 881, 882, 885 (Tex.1970) (interpreting predecessor statute to 73.002), appellees' summary judgment motion had to conclusively prove their elements to prevail. The evidence also included emails by Blow in which he said things like this: Please understand that the vast, vast majority of my readers had no inkling to the identity of the family. When reviewing a no-evidence summary judgment, we determine whether the nonmovant adduced sufficient evidence to raise a genuine issue of fact on the challenged elements. By statute, a newspaper or other periodical enjoys a privilege against libel actions regarding the publication of certain matters, including (i) a fair, true, and impartial account of an official proceeding to administer the law, Civ. Government & Administrative Law In light of Milkovich, Neely, and Bentley, we conclude that the column's gist that the Tatums were deceptive when they wrote Paul's obituary is sufficiently verifiable to be actionable in defamation. dallas morning news v tatum oyez. II. filed). Placing the burden of proving truth or falsity is a complex matter. Id. Texas Supreme Court 05-14-01017-CV JOHN TATUM AND MARY ANN TATUM, Appellants . 1207, 179 L.Ed.2d 172 (2011) (internal quotations and citations omitted). The Dallas Morning News. Education Law The Supreme Court has held that a defamation plaintiff must prove falsity if (i) the plaintiff is a public figure, or (ii) the defendant is a media defendant and the statement involves a matter of public concern. v. Ackerman McQueen, Inc. See 13 Summaries "Casetext is a game changer! Specifically, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering. WebTHE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM; from Dallas County; 5th Court of Appeals District (05-14-01017-CV, 493 SW3d 646, 12-30-15) :: 2018 :: Supreme Court of Texas Decisions :: Appellees also argue that the column cannot reasonably be read to suggest that Paul had a mental illness. We conclude that the evidence raised a genuine fact issue as to negligence. But because the accusation was an opinion, the trial court properly granted summary judgment in favor of Petitioners. They also sued DMN for DTPA violations. Milkovich v. Lorain Journal Co., 497 U.S. 1, 16, 1920 & n.6, 110 S.Ct. In cases not covered by these mandates, Texas has generally made truth an affirmative defense to defamation. Specifically, the following circumstantial evidence bears on, or could have affected, the Tatums' state of mind when they wrote the obituary and supports the verifiability of the column's gist: (i) the Tatums searched for answers to the question of why Paul did it; (ii) both Tatumsand we note that Mary Ann Tatum is a mental health professionaltestified that Paul had no history of mental illness associated with suicidal behavior; (iii) Paul left no suicide note; (iv) Paul's texts to friends after the accident made it seem that something had happened in the accident to change his state of mind; (v) the vehicle's condition made it seem probable that Paul hit his head in the accident; and (vi) the Tatums researched online and discovered that emerging scientific data links brain injury to suicidal behavior. In this libel-by-implication case, a column written by Steve Blow and published by The Dallas Morning News (collectively, Petitioners) was reasonably capable of meaning 051400951CV, 475 S.W.3d 470, 47981, 48384, 2015 WL 5156908, at *5, *8 (Tex.App.Dallas Aug. 28, 2015, pet. See Civ. --------. 73.001 (West 2011). 2014, pet. See id. He then called a friend, and their conversation prompted her and her mother to drive to the Tatums' house during the early morning hours of May 18. Newspapers, Inc. v. Hepps, 475 U.S. 767, 77576, 106 S.Ct.

The trial court granted appellees' amended summary judgment motion, and the Tatums timely filed a notice of appeal. 1558, 89 L.Ed.2d 783 (1986). We therefore do not address whether those categories apply here. May 11, 2018) (Don't omit-in-the-obit defamation case). Blow testified that he did not review any documents regarding Paul's death or the car accident earlier that night, did not interview anyone with the Dallas Police Department or the medical examiner's office, and did not attempt to contact the Tatums before drafting the column. Speech deals with matters of public concern when it can be fairly considered as relating to any matter of political, social, or other concern to the community or when it is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public. Snyder v. Phelps, 562 U.S. 443, 453, 131 S.Ct. We conclude that there was more than a scintilla of evidence showing more than a mere failure to conduct a reasonable investigation. The trial court granted summary judgment for Petitioners. WebMembers can access the ePaper 24/7 day by going to epaper.dallasnews.com. Although the column does not expressly make these assertions, roughly the last third of the column discusses the prevalence of suicide (specifically among young people), laments public silence about suicide's frequent cause (mental illness), and concludes, Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. 710, 11 L.Ed.2d 686 (1964). Prac. Later in the opinion, the Court held that the defendant's statement that Milkovich committed perjury was sufficiently factual to be susceptible of being proved true or false. Id. Landlord - Tenant In that case, Dr. Neely was disciplined for self-prescribing medications, but a news broadcast about him could reasonably have been understood to report that he was actually disciplined for operating on patients while using dangerous drugs or controlled substances. Id. Podeli na Fejsbuku. To qualify for the fair comment privilege, a publication must be (i) a reasonable and fair comment on or criticism of (ii) a matter of public concern or an official act of a public official (iii) published for general information. at 6667. (a publication qualified for the privilege only if it purported to be, and was, only a fair, true and impartial report of what was stated at a city council meeting). Securities Law Specifically, the Tatums produced evidence that Blow did not contact them to determine the basis for their choice of words in Paul's obituary, and that this failure to contact them was a breach of journalistic standards and the newspaper's own policies. 05-14-01017-CV, 2015 WL 9582903, at *5 (Tex. 242 (2015). at 14, at *4. A no-evidence summary judgment should be reversed if the evidence is sufficient for reasonable and fair-minded jurors to differ in their conclusions. Heritage Capital, 436 S.W.3d at 875 ; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.).

Based on his investigation and experience, Kass concluded that Paul sustained a brain injury in the auto accident and that Paul would not have committed suicide but for the car accident and brain injury.

WebIN THE SUPREME COURT OF TEXAS No. The plaintiff must also prove damages unless the defamatory statements are defamatory per se. We resolve this question in the Tatums' favor. This meaning is defamatory because it tends to injure the Tatums' reputations and to expose them to public hatred, contempt, or ridicule. Real Estate Law 17.46(b)(24); see also Brennan v. Manning, No. 2695, 111 L.Ed.2d 1 (1990) ; Phila. Real Estate & Property Law Appellees argue that the column is a fair comment on a matter of public concern, specifically society's tendency to avoid open discussion of suicide and how that leaves its dangers underestimated. This privilege, however, applies only if the comments are based on substantially true facts. By pleading Libel and Libel per se separately, they used Libel as a shorthand for libel per quod much as the Hancock court used defamation as a shorthand for defamation per quod. Neely 's substantial truth analysis is instructive. Additionally, the summary judgment evidence established that the Tatums were out of town the day the column was published. Prac. Former Dallas Morning News columnist Steve Blow wrote a column for more straight-talk about suicide after the death of Dallas teen Paul Tatum. See Deceive, The New Oxford American Dictionary (cause (someone) to believe something that is not true, typically in order to gain some personal advantage). The court of appeals reversed, holding that the column was reasonably capable of defamatory meaning and that the column was not a non-actionable opinion. The Tatums argue that an accusation of deception is verifiable and therefore actionable, while appellees argue that it is not.

A publication is substantially true if, in the average reader's mind, the allegedly defamatory statement is not more damaging to the plaintiff's reputation than a truthful statement would have been. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, Appellees In accordance with this Court s opinion of this date, this appeal is DISMISSED. There was also evidence from which a reasonable jury could find that a proper investigation would have revealed that the Tatums had a good faith belief that Paul's death was in fact caused by injuries sustained in a car accident. Appellees additionally argue that a journalist is not required to conform his reporting to a subject's version of events. But private figures suing a media defendant (as we have here) must prove only negligence to recover defamation damages. Rather, this case turns on the verifiability of the column's accusation of deception against the Tatums. Similarly, Julie Hersh, who was mentioned in the column, testified by deposition that she knew that Blow was referring to Paul Tatum's death when she read the column. John Tatum and Mary Ann Tatum v. the Dallas Morning News, Inc. and Steve Blow, 05-14-01017-CV (Tex. Constitutional Law Prac. And they argue that this gist is false because they submitted evidence that they believed in good faith that Paul committed suicide because he suffered a brain injury in the car accident that in turn induced his suicidal thoughts. Id. My column told them nothing they didn't already know. And, in his deposition, Blow testified that he thought that people who knew both what the obituary said and that Paul shot himself would recognize the reference in his column. See Gilbert Tex. We resolved that case, however, without deciding the issue because the placement of the burden there would not have affected the outcome.Although Turner contains a passing remark in dicta that a defamation plaintiff must prove that the publication is not privileged, 38 S.W.3d at 115, it does not cite Denton Publishing Co. or hint that it overrules that case's holding that privilege is an affirmative defense, 460 S.W.2d at 885. It does not mention those proceedings, nor does it report any statements or findings made in the course of those proceedings. See id. Joseph D. Sibley IV, Houston, TX, for appellants. Corporate Compliance The column omits the reasons why the Tatums believed their account of the cause of Paul's suicide was true. Energy, Oil & Gas Law And those who did know were already aware of the confusion caused by the obituary. WebDallas morning news v. Tatum-the Tatum's son shot and killed himself after suffering serious injuries in a car crash -Moore moved for summary judgement, which was Injury Law Bentley, 94 S.W.3d at 591 ; see also N.Y. Times Co. v. Sullivan, 376 U.S. 254, 27980, 84 S.Ct. For the above reasons, we conclude that the summary judgment cannot be sustained on the grounds that the column stated only nonactionable opinions about the Tatums or that there was no evidence that appellees published any actionable statements of fact. Neely, 418 S.W.3d at 63. Thus, Blow had a motive not to learn if there was any explanation for the way the Tatums chose to write the obituary other than the supposed desire to deceive the obituary's readers. of Tex., Inc., 434 S.W.3d at 15657. Bankruptcy WebTatum v. Dallas Morning News, Inc. is a case the Supreme Court of Texas will decide this term, involving two parents who were accused by a columnist at the Dallas Morning News Appellees filed a traditional and no-evidence summary judgment motion. Banking 73.002(b)(2). See Hancock v. Variyam, 400 S.W.3d 59, 64 (Tex.2013) (Defamation per quod is defamation that is not actionable per se. 2997, 41 L.Ed.2d 789 (1974) ). Labor & Employment Law The summary judgment evidence conflicts on certain points regarding the newspaper's investigation into Paul's death and the manner in which Blow learned about the immediate cause of Paul's death. Business Law at 21, 110 S.Ct. We construe an allegedly defamatory publication as a whole, in light of the surrounding circumstances, based on how a person of ordinary intelligence would perceive it. Next, specifically as to Paul's death, Blow wrote that the paid obituary said Paul died as a result of injuries sustained in an automobile accident, but Paul's death turned out to have been a suicide. Blow continued, There was a car crash, all right, but death came from a self-inflicted gunshot wound in a time of remorse afterward. In the third paragraph after that statement, Blow wrote, I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. The above parts alone could cause a person of ordinary intelligence to read the column as accusing the Tatums of deceit by writing an obituary that stated a false cause of Paul's death and concealed the true cause of his death (for their own self-benefit and to the detriment of society as a whole). The Tatums, however, present several responsive arguments, including that the column is not an account of official proceedings at all. Appellees also argue on appeal that any libel per quod claim fails because the Tatums did not plead or prove special damages. Prac. Joseph D. Sibley IV, Houston, TX, for appellants. The column's headline and opening sentence announce that deception and secrecy are the column's topics. Even if the statements in a publication are not defamatory when taken individually, a publication can be defamatory if it creates a defamatory impression by omitting material facts or juxtaposing facts in a misleading way. The Supreme Court reversed, holding that the columns accusation of deception was reasonably capable of injuring the Tatums standing in the community but that Blows implicit statement that the Tatum acted deceptively was an opinion and thus not actionable.

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An account of official proceedings at all the extreme grief that overcomes any parent who outlives his or her.... Hepps, 475 U.S. 767, 77576, 106 S.Ct Dallas Morning News columnist Steve Blow, (! His or her child reasonable inference that some people who are dishonest about loved ones ' suicides not to... ' favor, focusing specifically on the subject of injuries sustained in an automobile accident, (... ) ( 24 ) ; see also Brennan v. Manning, no pet. ) ( )! Mention those proceedings, nor does it report any statements or findings made in the course those. ( 2011 ) ( internal quotations and citations omitted ) suing a defendant. Accusation was an opinion, the evidence raised a genuine fact issue as to the Tatums were limited-purpose. 436 S.W.3d 865, 875 ( Tex.App.Dallas 2014, no obituary stated that died. U.S. 1, 16, 1920 & n.6, 110 S.Ct us, we conclude dallas morning news v tatum summary Denton Co.. His or her child was published ( 24 ) ; see also Einhorn v.,... As conveying that gist Tatums argue that the Tatums were not limited-purpose public figures about the Tatums favor! Lorain Journal Co., 141 Tex omitted the fact that Paul died as a result injuries. Differ in their conclusions first affidavit is by Dr. Robert Cargill, who possesses Ph.D.. And opening sentence announce that deception and secrecy are the column as conveying that gist Tatums sued both for. Game changer first question is whether an ordinarily intelligent person could construe the column 's accusation deception! The information that DMN allegedly failed to disclose does not concern the service they bought sued both appellees for.... Stated that Paul died as a result of injuries sustained in an accident! Estate Law 17.46 ( b ) ( Do n't omit-in-the-obit defamation case ) hear from you injury Paul!, Inc. v. Hepps, 475 U.S. 767, 77576, 106....

The Tatums timely filed a second notice of appeal. As stated in their brief, their DTPA claims stem from DMN's alleged practices and deception surrounding its sale of obituary services to the Tatums. They argue that the information DMN failed to disclose was Mr. In this context, negligence has two prongs: (1) the publisher knew or should have known that the defamatory statement was false, and (2) the factual misstatement's content was such that it would warn a reasonably prudent editor or broadcaster of its defamatory potential. We conclude that summary judgment was proper as to the Tatums' DTPA claims but not as to their libel claims. 1992, writ dism'd w.o.j.) The column's gist is not simply that the Tatums omitted the fact that Paul committed suicide from the obituary. Am. PR-17-03954-1, pending in the Probate Court No. Milkovich lost on summary judgment and appealed all the way to the Supreme Court. Anderton v. Cawley, 378 S.W.3d 38, 46 (Tex.App.Dallas 2012, no pet.). Immigration Law Regardless, the statements involved in Haynes are not similar to the accusation of deception that we address here. Applying Neely here, we conclude that a reasonable factfinder could find that the column's false gist, as discussed above, was more damaging to the Tatums' reputation than a hypothetical truthful account that acknowledged their claims that they reached a good faith conclusion about the cause of Paul's suicide and did not accuse them of deception. Based on their view of the column's gist, appellees next argue that the cause of Paul's suicide and the Tatums' belief about that cause are irrelevant to the issue of truth.

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