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McNAIR v. WORLDWIDE CHURCH OF GOD

Docket No. B010791.

197 Cal.App.3d 363 (1987)

242 Cal. Rptr. 823

LEONA McNAIR, Plaintiff and Respondent, v. WORLDWIDE CHURCH OF GOD et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Five.

December 30, 1987.

Attorney(s) appearing for the Case

COUNSEL

Greene, O'Reilly, Broillet, Paul, Simon, McMillan, Wheeler & Rosenberg, Antony Stuart and Michael L. Goldberg for Plaintiff and Respondent.

Browne & Woods, Horvitz, Levy & Amerian, Ellis J. Horvitz, Barry R. Levy, Daniel J. Gonzalez, Haight, Dickson, Brown & Bonesteel, Bruce A. Armstrong, Roy G. Weatherup, Robert M. Dato, and Ralph K. Helge for Defendants and Appellants.

OPINION

HASTINGS, J.*

In this case of first impression we are asked to determine whether the free exercise clause of the First Amendment of the United States Constitution bars a defamation suit brought against a church and two of its ministers for statements made during the course of a theological controversey. Should we find the suit is not barred, we then must identify the level of malice necessary to...

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