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KANAGA v. GANNETT CO., INC.

No. 466, 1995.

687 A.2d 173 (1996)

Margo KANAGA, M.D., Plaintiff Below, Appellant, v. GANNETT CO., INC. t/a The News Journal Company, Jane Harriman and Pamela Kane, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: November 27, 1996.

Revised: December 23, 1996.

Rehearing Denied: December 23, 1996.

Attorney(s) appearing for the Case

James S. Green (argued), of Duane, Morris & Heckscher, and Lynn Thomas Kanaga, Wilmington, for Appellant.

Mason E. Turner, Jr. of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for Appellee Gannett Co., Inc. t/a The News Journal Company.

William J. Cattie (argued), of Heckler & Cattie, Wilmington, for Appellee Pamela Kane.

Robert C. Bernius (argued), of Nixon, Hargrave, Devans & Doyle, Washington, DC, for Appellee Jane Harriman.

Before VEASEY, C.J., WALSH and HOLLAND, JJ.

VEASEY, Chief Justice:

In this appeal we conclude that one who publishes defamatory material about a non-public figure does not necessarily enjoy First Amendment protected speech status as a matter of law when that material is expressed in terms of an opinion. Here, a physician claims to have been libeled by a patient-defendant who presented defamatory material to the media-defendants who published the material. The defendants...

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