Opinion · Ohio Supreme Court
Soke v. The Plain Dealer
Soke v. Plain Dealer, 69 Ohio St. 3d 395 (Ohio 1994)
- Type
- Opinion
- Court
- Ohio Supreme Court
- Jurisdiction
- Ohio
- Date
- 1994-06-01
- Topic
- general
How later courts describe this case
- explaining that statements made about public officials are constitutionally protected when the statements concern “anything which might touch on an official's fitness for office.”
- statements made about public officials are constitutionally protected when the statements concern "anything which might touch on an official's fitness for office"
- whether off-duty police officer lied under oath related to his fitness for office
- statements made by a police officer to his nephew, the suspect in a murder investigation, not to cooperate with police "were relevant to [the officer's] fitness and competence to be a police officer"
- “The United States Supreme Court has repeatedly recognized that police officers are public officials.”
Citator
UpLaw has not yet analyzed Soke v. The Plain Dealer. The absence of a flag is not a finding that it is good law.
- Cited by
- 28 opinions
The present case requires us to determine whether a police officer testifying in trial regarding his personal advice to a nephew about that relative’s cooperation in a murder investigation is a public official for defamation purposes. For the following reasons we answer this question in the affirmative.
The right to sue for damage to one’s reputation pursuant to state law is not absolute. Instead, the right is encumbered by the First Amendment to the United States Constitution.
In New York Times Co. v. Sullivan (1964), 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686, the United States Supreme Court held that “the Constitution delimits a State’s power to award damages for libel in actions brought by public officials against critics of their official conduct.” In these actions, the court noted that “the rule requiring proof of actual malice is applicable.” Id. at 283, 84 S.Ct. at 727, 11 L.Ed.2d at 708.
The United States Supreme Court has repeatedly recognized that police officers are public officials. New York Times Co. v. Sullivan, supra; Henry v. Pearson (1965), 380 U.S. 356, 85 S.Ct. 992, 13 L.Ed.2d 892; St. Amant v. Thompson (1968), 390 U.S. 727, 88 S.Ct. 1323,20 L.Ed.2d 262; Time, Inc. v. Pape (1971), 401 U.S. 279, 91 S.Ct. 633, 28 L.Ed.2d 45.
Having , determined that Soke, being a police officer, is a public official, it is necessary to determine the extent to which his statements are constitutionally protected when discussed by others. Although New York Times Co. v. Sullivan stated that statements regarding “official conduct” of public officials are protected, the United States Supreme Court broadened this scope of protection in Garrison v. Louisiana (1964), 379 U.S. 64, 85 S.Ct. 209, 13 L.Ed.2d 125. In Garrison, the court declared that the Constitution protects statements made about public officials when those statements concern “anything which might touch on an official’s fitness for office * * Id. at 77, 85 S.Ct. at 217,13 L.Ed.2d at 134. In Monitor Patriot Co. v. Roy (1971), 401 U.S. 265, 91 S.Ct. 621,28 L.Ed.2d 35, the United States Supreme Court relied on the Garrison analysis, but added, “ * * * whether there remains some exiguous area of defamation against which a candidate may have full recourse is a question we need not decide in this case.” Id. at 275, 91 S.Ct. at 627, 28 L.Ed.2d at 42-43.
Because the memorandum in opposition to summary judgment filed by the Sokes did not contend that The Plain Dealer printed its erroneous article with malice, the trial court properly granted the defendants’ motion for summary judgment.
Accordingly, the judgment of the court of appeals is reversed.
Judgment reversed,.
Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick and F.E. Sweeney, JJ., concur.