A former Dallas Symphony Orchestra volunteer sued Haynes and Boone client D Magazine after it published an article regarding the volunteer’s public ouster from the symphony.
After summary judgment proceedings, part of the case appeared to be headed for trial. But Haynes and Boone, LLP Partner Jason Bloom recently convinced Dallas' Fifth Court of Appeals that the volunteer could not sue the magazine because the factual statements, constitutionally-protected opinions, and rhetorical flourishes on which the volunteer based his claims did not amount to defamation.
Bloom told Texas Lawyer that the Fifth Court's decision will go a long way in protecting the media when it chooses colorful language to describe a dispute.
"It's a positive reaffirmance of long-standing authority protecting the media and statements that are opinion—things that are rhetorical hyperbole, things that can't be proven true or false," Bloom said. "That's an extremely important protection for the media to have a little bit of freedom in how it publishes the news, or even opinion pieces."
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