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CITIZEN PUBLISHING CO. v. MILLER

No. CV-04-0280-PR.

115 P.3d 107 (2005)

CITIZEN PUBLISHING CO., an Arizona Corporation, Petitioner, v. Hon. Leslie MILLER, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent Judge, Aly W. Elleithee and Wali Yudeen S. Abdul Rahim, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

July 1, 2005.

Attorney(s) appearing for the Case

Steptoe & Johnson, LLP by David J. Bodney, Peter S. Kozinets, Chris Moeser, Phoenix, Attorneys for Citizen Publishing Company.

Herbert Beigel & Associates, LLC by Herbert Beigel, Tucson, Attorneys for Aly W. Elleithee and Wali Yudeen S. Abdul Rahim.

Maynard Cronin Erickson Curran & Sparks, P.L.C. by Daniel D. Maynard, Phoenix, Attorneys for Amicus Curiae The Thomas Jefferson Center for the Protection of Free Expression.

Perkins Coie Brown & Bain, P.A. by Daniel C. Barr, Phoenix, Attorneys for Amicus Curiae The Reporters Committee for Freedom of the Press.

OPINION

HURWITZ, Justice.

¶ 1 The issue before us is whether liability for intentional infliction of emotional distress can be imposed against a newspaper for printing a letter to the editor about the war in Iraq.

I.

¶ 2 On December 2, 2003, the Tucson Citizen ("the Citizen") published a letter on its Op-Ed page from Emory Metz Wright, Jr. In its entirety, the letter stated:

We can stop the murders of American...

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