Gleason v. Smolinski

Summary

The court reversed the Appellate Court’s judgment and ordered a new trial on both the intentional-infliction-of-emotional-distress and defamation claims. It held that the trial court failed to account for First Amendment protection applicable to the defendants’ missing-person poster campaign and failed to require proof of falsity for defamation involving a private plaintiff and a matter of public concern. The court also held that constitutional aspects of the claims require independent appellate review, while subsidiary factual and credibility findings remain subject to deferential review.