Wade Brady v. Leaanne Klentzman and Carter Publications, Inc. D/B/A the West Fort Bend Star, Inc.

in which Justice Johnson, Justice Guzman, Justice Lehrmann, and Justice Boyd joined.

Lest fear of damages dampen speech on public matters, the First Amendment im*881poses safeguards for defendants in defamation cases. For example, a private individual who sues a media defendant for defamation over statements of public concern must prove the statements were false. Phila. Newspapers, Inc. v. Hepps, 475 U.S. 767, 776-77, 106 S.Ct. 1558, 89 L.Ed.2d 783 (1986). Further, to recover punitive damages, such a plaintiff must prove the defendant acted with “knowledge of falsity or reckless disregard for the…