Monday, May 8, 2017

Effort to Compel Publication Rejected

Effort to Compel Publication Rejected

      In a recent decision from the Kentucky Court of Appeals, it affirmed a trial court dismissal of a compliant seeking an order that the Courier-Journal must publish certain allegations Flint v. Gannett Co., Inc., No.2016-CA-000046-MR, 2017 WL 1103021 (March 24, 2017).

      Flint filed suit against the Courier-Journal seeking an order that it publish his allegations of legislative corruption.  The trial court dismissed the action.

On this appeal, the Court of Appeals determined, based upon settled Supreme Court decisions on the scope of the First Amendment law, that a court cannot order a newspaper to publish particular materials.  On that basis the dismissal of the complaint was affirmed.

Based upon Flint’s repeated filing of suits and conduct including filing suit against judges that rule against him,  the Court of Appeals ordered that he pay Gannett’s costs.

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