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You are here: Home / Anti-SLAPP / Hailstone v. Martinez: What Exactly Is A Matter of Public Interest?

Hailstone v. Martinez: What Exactly Is A Matter of Public Interest?

January 21, 2009 by Adrianos Facchetti Leave a Comment

California legislators passed a law in 1991 known as the "anti-SLAPP" statute to dispose of lawsuits at an early state of litigation that are primarily aimed at chilling speech.  An issue that frequently arises is whether the alleged defamatory statement(s) is a matter of public interest.  If so, the first prong of the statute is satisfied, and the burden shifts to plaintiff to demonstrate a probability of prevailing on the merits.  This can be a difficult question at times, but the California Court of Appeal, Fifth District, did a great job of explaining it.

The case of Hailstone v. Martinez (2008) WL 5340989 (Cal.App. 5 Dist.), involved a claim by a former union employee for defamation.  The former employee, Mr. Hailston, alleged that union officials falsely accused him of a crime and breaches of fiduciary duty.

The defendants filed an anti-SLAPP motion and the trial court denied it on the basis that the alleged defamatory statements did not constitute a matter of public concern.

Defendants appealed the lower court’s decision and it was affirmed, but for different reasons.  The appellate court held that the alleged defamatory statements were a matter of public interest, but also that Plaintiff had shown a probability of prevailing on the merits.

Some interesting general principles from the court’s decision:

  • ". . . public interest is not a mere curiosity . . . the matter should be something of concern to a substantial number of people . . ."
  • ". . . there should be a degree of closeness between the challenged statements and the asserted public interest.  The assertion of a broad and amorphous public interest is not sufficient . . ."
  • ". . . the focus of the speaker’s conduct should be the public interest, not a private controversy. . ."

Here, the court determined that while the matter was of interest to only a limited but definable portion of the public, a union in this case, it was a matter of public interest nonetheless because there was an ongoing controversy (when the alleged statements were made) that was important to union members since the Plaintiff was still a trustee of a trust that provided health and welfare benefits to union members.

Whether a matter is of public interest, as one can see, is fact-sensitive and should be examined closely on a case-by-case basis.

 

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Filed Under: Anti-SLAPP, interest, public Tagged With: public interest

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California Defamation Law Blog

Law Offices of Adrianos Facchetti 4444 W. Riverside Drive, Suite 308, Burbank, CA 91505
California Defamation Lawyer & Attorney of Adrianos Facchetti Law Firm, offering services related to libel, internet defamation, slander, defamation of character, disparagement, anti-SLAPP, personal injury, car accidents, motorcycle accidents, trucking accidents, serving Los Angeles, San Fernando Valley, San Gabriel Valley, Pasadena, Burbank, Glendale, Arcadia, Beverly Hills, Santa Monica, Long Beach, Orange County, Ventura County, San Bernardino, and throughout California.

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