Court Case 2

Stephanie Pickney Dr. William Allan Kritsonis School Law Case Two 172nd District Court, Texas; Court of Appeals of Texas, Beaumont Port Arthur, et al., Plaintiff Appellants, v. Klein @Associates Political Relations, Defendant-Appelle 2002 LITIGANTS Plaintiff Appellants: Port Arthur I.S.D., et al Defendant-Appellee: Klein @ Associates Political Relations BACKGROUND In 2001, the Port Arthur Independent School District sued Philip Klein and his company Klein & Associates Political Relations for defamation after Klein published a post on the South East Texas Political Review blog stating that a "huge fight" had occurred at a prom sponsored by a high school within the district. FACTS Port Arthur I.S.D. argued that the owner of the firm did not live in the district there for he should not have the right to comment on districts matters. DECISION The Texas appeals court rejected the contention, noting that “This court agrees that prosecutions for libel on government have no place in the jurisprudence of the United States of America. If the government is permitted to use public resources to bring defamation claims against its critics, criticism of government will be silenced, at the very least, fear of monetary loss”. DICTA The Texas trial court granted summary judgment to Klein and dismissed the case, holding that the First Amendment barred a defamation suit by a government unit. The Court of Appeals of Texas affirmed, holding that a government unit may not sue for defamation. IMPLICATIONS School districts are limited on who and what they can sue for. I don’t understand why they felt they could sue the firm in the first place. 2

Stephanie Pickney

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