Burbage v. Burbage (Opinion)
Annotate this CaseW. Kirk Burbage (Kirk) and the Burbage Funeral Home sued Allan Chadwick Burbage (Chad), Kirk’s brother, for defamation after Chad created a website to air his grievances with Kirk and sent letters to family friends containing disparaging statements about Kirk. After a trial, a jury assessed compensatory and exemplary damages against Chad for ten statements defaming Kirk and permanently enjoined Chad from making similar statements. The Supreme Court affirmed in part and reversed in part, holding (1) the trial court abused its discretion by issuing the permanent injunction, which operated as an impermissible prior restraint on freedom of speech; and (2) no evidence supported the compensatory damage award, and exemplary damages cannot stand.
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