Legal Opinion

Rebecca Davidson, Tara Smelt, & Tayo, Inc. v. Baird

Court of Appeals of Utah

Decided January 10, 2019No. 20170200-CAPublishedCited by 19 opinions

1Opinion of the Court

HARRIS, Judge:

¶1 A free democracy is often messy and, in our country, those willing to serve in public positions and who are entrusted with appropriately spending the public's money must be "[individuals] of fortitude, able to thrive in a hardy climate," and willing to put up with robust, even sharp, criticism of their actions by members of the public whom they represent. See New York Times Co. v. Sullivan , 376 U.S. 254 , 273, 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964) (quotation simplified). The First Amendment to the United States Constitution affords a level of protection even for "vehement,…

2Cases cited24 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. St. Amant v. ThompsonSupreme Court of the United States · 1968
  4. Harte-Hanks Communications, Inc. v. ConnaughtonSupreme Court of the United States · 1989
  5. Philadelphia Newspapers, Inc. v. HeppsSupreme Court of the United States · 1986

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3Cited by19 opinions

  1. Lavender v. FCOI PreserveCourt of Appeals of Utah · 2025
  2. Mathews v. McCownUtah Supreme Court · 2025
  3. Pipkin v. AcumenCourt of Appeals of Utah · 2020
  4. Mackey v. KrauseUtah Supreme Court · 2025
  5. Bramhall v. Cyprus Credit UnionDistrict Court, D. Utah · 2021

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