Terry R. West, Plaintiff and Respondent v. Thomson Newspapers, Dba the Daily Spectrum; Don E. Hogun; Brent Goodey…

Summary

On certiorari, the Utah Supreme Court reversed the court of appeals and held that a managing editor's statement that Mayor West made repeated attempts to 'manipulate the press' is exaggerated editorial criticism that is not defamatory as a matter of law, and that the June and July columns' implication that West misled voters on municipal power is protected opinion under article I, sections 1 and 15 of the Utah Constitution because the implied accusation of subjective deceit is not objectively verifiable. The court adopted the 'primacy' model for defamation cases, directing that state common law, statutory, and state constitutional questions be fully resolved before any First Amendment analysis, and it vacated the court of appeals' opinion without reaching the federal issues. The burglary-statement claim against Guldan remains before the trial court.