NBC SUBSIDIARY (KCNC-TV), INC. and Suzanne McCarroll, Petitioners,
v.
The LIVING WILL CENTER, a limited liability company, and Merrill G. Hastings, Jr., Respondents.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
July 11, 1994.
Rehearing Denied September 6, 1994.
Attorney(s) appearing for the Case
Gibson, Dunn & Crutcher, George B. Curtis, Laura M. Hill, Denver, National Broadcasting Company, Inc., Anne H. Egerton, Marjorie Nieset Neufeld, Burbank, CA, for petitioners.
Edward Dale Parrish, P.C., Dale Parrish, Denver, for respondents.
Davis, Graham & Stubbs, Andrew M. Low, Denver, for amicus curiae Colorado Broadcasters Ass'n.
Cooper & Kelley, P.C., Thomas B. Kelley, John R. Mann, Denver for amicus curiae Colorado Press Ass'n.
Baker & Hostetler, Kathryn A. Elzi, Denver, Bruce W. Sanford, Henry S. Hoberman, Robert D. Lystad, Washington, DC, for amicus curiae Society of Professional Journalists.
Supreme Court of Colorado, En Banc.
Chief Justice ROVIRA delivered the Opinion of the Court.
In Living Will Center v. NBC Subsidiary (KCNC-TV), Inc.,857 P.2d 514 (Colo.App. 1993), the court of appeals held that a television station and one of its reporter's1 broadcasts concerning a product marketed by the Living Will Center (LWC) implied material assertions of fact capable of verification and thus, the telecast was not constitutionally...
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