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NORTON v. GLENN

860 A.2d 48 (2004)

James B. NORTON, III, Alan M. Wolfe, and James Marlowe, v. William T. GLENN, Sr., Troy Publishing Company, Inc., Tom Kennedy, And William Caufield, Appeal of Troy Publishing Company, Inc., Tom Kennedy, and William M. Caufield.

Supreme Court of Pennsylvania.

Decided October 20, 2004.

Attorney(s) appearing for the Case

Michael E. Baughman, Robert C. Heim, Amy B. Ginensky, Philadelphia, Gerald A. Hughes, Trenton, NJ, for Troy Pub. Co., Inc., appellant.

Terence Jon Barna, Corinna R. Wilson, Niles Benn, York, Walter Thomas McGough, Katherine L. Hatton, Philadelphia, for PA Newspaper Ass'n, et al., appellant amici curiae.

Jennifer DuFault James, Carl Anthony Solano, Bruce Philip Merestein, Alison Finnegan, Philadelphia, for Committee of Seventy, appellant amicus curiae.

William T. Wilson, West Chester, Dennis B. Young, Parkesburg, Laurie Wyche-Abele, West Chester, for Alan M. Wolfe, appellee.

Richard A. Sprague, Geoffrey Richard Johnson, Philadelphia, for James B. Norton, III, appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

Chief Justice CAPPY.

At issue in these matters is whether the neutral reportage privilege is encompassed within the Pennsylvania or United States Constitutions. For the reasons that follow, we hold that it is not. We therefore affirm the order of the Superior Court.

These matters arise out of an article ("Article") written by Tom Kennedy ("Kennedy") which appeared in the April 20, 1995 edition of the Chester County

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