Legal Opinion

NBC Subsidiary (KCNC-TV), Inc. v. Living Will Center

Supreme Court of Colorado

Decided July 11, 1994No. 93SC214PublishedCited by 38 opinions

1Opinion of the CourtChief Justice Rovira

In Living Will Center v. NBC Subsidiary (KCNC-TV), Inc., 857 P.2d 514 (Colo.App.1993), the court of appeals held that a television station and one of its reporter’s1 broadcasts concerning a product marketed by the Living Will Center (LWC) implied material assertions of fact capable of verification and thus, the telecast was not constitutionally privileged speech in an action for defamation. We granted certiorari to determine: (1) whether that holding is in accord with the applicable precedent of the United States Supreme Court and this court; and (2) whether the court of appeals erred in…

2Cases cited24 opinions

  1. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  2. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  3. Milkovich v. Lorain Journal Co.Supreme Court of the United States · 1990
  4. Hustler Magazine, Inc. v. FalwellSupreme Court of the United States · 1988
  5. Philadelphia Newspapers, Inc. v. HeppsSupreme Court of the United States · 1986

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3Cited by38 opinions

  1. Jefferson County School District No. R-1 v. Moody's Investor's Services, Inc.Court of Appeals for the Tenth Circuit · 1999
  2. TMJ Implants, Inc. v. Aetna, Inc.Court of Appeals for the Tenth Circuit · 2007
  3. Jaillett v. Georgia Television Co.Court of Appeals of Georgia · 1999
  4. Gordon v. BoylesColorado Court of Appeals · 2004
  5. Fry v. LeeColorado Court of Appeals · 2013

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