KBMT Operating Co., LLC v. Toledo (Opinion)Annotate this Case
The Texas Medical Board disciplined Minda Lao Toledo, a physician, for unprofessional conduct and issued a press release regarding the matter. After KBMT Operating Company aired a report of the Board’s action Toledo sued KMBT and three of its employees (collectively, KBMT) for defamation. KBMT filed a motion to dismiss under the Texas Citizens Participation Act, which allows for the early dismissal of a legal action implicating a defendant’s rights of free speech unless the plaintiff can establish each element of the claim with clear and specific evidence. The trial court denied the motion. The court of appeals affirmed, ruling that Toledo established a prima facie case of defamation. The Supreme Court reversed, holding (1) the truth of a media report of official proceedings of public concern must be measured against the proceedings themselves and not against information outside the proceedings; and (2) in this case, Toledo did not meet her burden of establishing a prima facie case that KBMT’s broadcast was false, and therefore, the Act requires that Toledo’s action be dismissed.