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ROGERS v. MROZ

No. CV-21-0001-PR.

502 P.3d 986 (2022)

Wendy ROGERS and Hal Kunnen, Husband and Wife, and WendyRogers.org, a Principal Campaign Committee, Petitioners, v. The Honorable Rosa MROZ, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Pamela Young, an Individual; Models Plus International, L.L.C. d/b/a The Young Agency, an Arizona Limited Liability Company, Real Parties in Interest.

Supreme Court of Arizona.

Filed February 1, 2022.

Attorney(s) appearing for the Case

E. Jeffrey Walsh , Dominic E. Draye (argued), Greenberg Traurig, LLP, Phoenix, Attorneys for Wendy Rogers, Hal Kunnen, and WendyRogers.org.

William M. Fischbach , Amy D. Sells (argued), Ryan P. Hogan , Tiffany & Bosco, P.A., Phoenix, Attorneys for Pamela Young and Models Plus International, L.L.C. d/b/a The Young Agency.

Mark Brnovich , Arizona Attorney General, Joseph A. Kanefield , Chief Deputy and Chief of Staff, Brunn (Beau) W. Roysden III , Solicitor General, Michael S. Catlett , Deputy Solicitor General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General's Office.

JUSTICE BOLICK authored the opinion of the Court, in which JUSTICES LOPEZ, BEENE, and KING joined. VICE CHIEF JUSTICE TIMMER, joined by CHIEF JUSTICE BRUTINEL, and JUDGE ESPINOSA, authored a dissenting opinion.

¶1 We decide today that the First Amendment precludes a defamation action based on a political advertisement directed at an opposing candidate, in which the third-party plaintiff is unnamed, the alleged defamation is not expressed but only implied, and the asserted implication is not one that would likely...

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