Robert P. Latham, a partner at Jackson Walker L.L.P., obtained an appellate victory for a local radio station in a defamation suit.
The case was brought by relatives of Thomas Brown, a teenager who went missing in 2016 and whose remains were found over two years later near Lake Marvin Road. The episodes on KXDJ Radio discussing Brown’s death featured interviews conducted by radio host and podcaster Chris Samples with Michael Crain, a former state law enforcement officer and private investigator. Crain shared his theory that Brown’s death was a suicide, which contrasted with the family’s story that their child was murdered. Both Samples and Crain repeatedly emphasized that they were expressing opinions based on publicly available information including a report from the Office of the Attorney General.
The lawsuit claimed that the radio host and guest conspired to defame the plaintiffs by promoting a false narrative. The defendants each filed motions to dismiss in the trial court under the Texas Citizens Participation Act (TCPA), Texas’ anti-SLAPP statute. The trial court ultimately denied the TCPA motions, and the appeal followed.
On appeal from the 99th District Court in Lubbock County, Texas, Jackson Walker attorneys Robert P. Latham and Michael Murtha vigorously defended Chris Samples Broadcasting, arguing that the interviews constituted protected speech under the First Amendment. The firm successfully convinced the Texas Seventh Court of Appeals that all statements made were clearly presented as opinions, not facts. The Court ultimately agreed, highlighting that terms like “believe,” “theory,” and “opinion” were consistently used throughout the interviews.
In its opinion delivered on June 28, 2024, the Court wrote: “Even if in poor taste, when his statements are viewed in the full context of the radio show, Crain’s theories are mere conjecture. Samples and Crain also invited the audience to make up their own minds, with Crain stating at one point, ‘I’m actually asking for people not to believe me, to prove it to yourself.’” In the opinion, the Court added: “Because of the concern defamation actions should not curtail otherwise constitutionally protected free speech, opinions are not actionable.”
As a result, the Court reversed the trial court’s judgment, dismissed all claims against our client, and remanded the case for determination of attorney’s fees and sanctions in accordance with its opinion. The Appellate Court subsequently denied a motion for rehearing filed by the plaintiffs/appellees.
“This case is a critical victory for open dialogue and responsible journalism,” said Bob Latham. “The court’s decision reaffirms the importance of protecting free speech, even when discussing sensitive topics. Our client simply provided a platform for a differing viewpoint, with both the host and guest clearly stating these were opinions.”
The case is Chris Samples, Individually and General Manager of Chris Samples Broadcasting, Inc. d/b/a KXDJ Radio Station v. Estate of Thomas Brown, No. 07-23-00225-CV, in the Seventh Court of Appeals of Texas, on appeal from the 99th District Court in Lubbock County, Texas.