CHANNEL 4, KGBT v. Briggs

I concur with the result. However, I would modify our summary judgment procedure in public figure defamation cases because our current procedure does not adequately protect first amendment values.

While it is true that the production aspects of the telecast are readily controvertible, the court sidesteps the issue that the defendants’ state of mind (malice or the lack of malice) is a fact issue in the case and that in previous decisions we have held that statements of defendants regarding their state of mind are not readily controvertible, and therefore do not constitute competent summary…