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lawsuithearingprobation
appealsummary judgmentappellantappellee

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Scott v. News-Herald, 25 Ohio St.3d 243, 496 N.E.2d 699, 34 Ed. Law Rep. 243, 25 O.B.R. 302, 13 Media L. Rep. 1241

Facts

In February 1974, a wrestling match between Maple Heights High School and Mentor High School led to a fracas, resulting in injuries and subsequent hearings by the Ohio High School Athletic Association (OHSAA). H. Don Scott, the superintendent of Maple Heights Public Schools, attended the match and testified at the OHSAA hearing, where the Maple Heights team was placed on probation. Following a court ruling that reversed the OHSAA's sanctions, a newspaper article by J. Theodore Diadiun accused Scott and the head coach of lying during the hearing, leading to Scott's defamation lawsuit against the newspaper.

This appeal arises from the circumstances surrounding an interscholastic wrestling match and subsequent events resulting therefrom. In early February 1974, a wrestling match was held between the host, Maple Heights High School, and Mentor High School. H. Don Scott, appellant, attended the match in his capacity as then-Superintendent of Maple Heights Public Schools.

Issue

Whether the article published by the News-Herald constituted defamation against H. Don Scott, a public school superintendent, and whether it was protected opinion under the law.

The general issue presented in this appeal is whether summary judgment was properly granted against appellant who avers he was defamed by appellees' column.

Rule

A public school superintendent is considered a public official for defamation purposes, and statements made about public officials are protected as opinion unless made with actual malice.

A public school superintendent is a public official for purposes of defamation law.

Analysis

The court determined that the article in question was an opinion protected by the First Amendment and Ohio Constitution. It found that Scott, as a public official, had to prove actual malice to succeed in his defamation claim. The court concluded that the statements made in the article were not assertions of fact but rather opinions based on the author's observations and interpretations of the events surrounding the wrestling match and subsequent hearings.

Because we hold, as a matter of law, that the article in question was opinion, we find for appellees and affirm the court of appeals.

Conclusion

The Supreme Court affirmed the lower court's ruling, concluding that the article was constitutionally protected opinion and that Scott, as a public official, failed to demonstrate actual malice.

Judgment affirmed.

Who won?

News-Herald; the court ruled in favor of the newspaper, stating that the article was protected opinion and that Scott did not meet the burden of proving actual malice.

We are therefore compelled to reject as meritless any argument that suggests appellant is merely a 'small fish in a big pond' when a local paper is the publishing medium.

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