In Re: Ibp Confidential Business Documents Litigation. Hughes A. Bagley v. Iowa Beef Processors, Inc.

I accept the basic analytic framework developed by the court. Like the court, I conclude that I.B.P.’s actions constitute legitimate petitioning activities that are entitled to some degree of first amendment protection. I also agree with the court that the first amendment does not absolutely insulate I.B.P.’s actions from liability for defamation, but rather provides these actions with a qualified privilege that may be lost under some circumstances. Further, to determine the scope of this qualified privilege, the court must focus on the status of the person defamed; and if the person defamed…