Truth is a defense to libel claims, which often leads Texas courts to grant summary judgment rulings in favor of media entities. But not always: A physician can proceed to trial on his libel claim against an Austin TV reporter and her station, after the Texas Supreme Court denied rehearing and issued a corrected opinion on Jan. 31 in Byron D. Neely v. Nanci Wilson.
The key issue in the case is the truth defense; there is no defamation liability if the gist of a broadcast is substantially true. And many issues in Neely turn on whether the high court created a rule 23 years ago that a media defendant’s reporting of third-party allegations is substantially true if it accurately reports the allegations—even if the allegations themselves are false.
