HARRIS v. WARNER

No. CV-21-0242-PR.

527 P.3d 314 (2023)

James T. HARRIS and iHeartMedia, Inc., Petitioners, v. Hon. Randall WARNER, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Judge, Daniel McCarthy, Real Party in Interest.

Supreme Court of Arizona.

Filed April 14, 2023.


Attorney(s) appearing for the Case

Marvin A. Glazer , Haynes and Boone, LLP, Palo Alto, CA; and Laura Lee Prather (argued), Haynes and Boone, LLP, Austin, TX, Attorneys for James T. Harris and iHeartMedia, Inc.

John J. Browder (argued), Michael H. Orcutt , Jennings Haug Keleher McLeod, Phoenix, Attorneys for Daniel McCarthy

David J. Bodney , Matthew E. Kelley , Ballard Spahr LLP, Phoenix; and Gregg P. Leslie , Jacob M. Karr , Supervising Attorneys, Jolene Bryant , Chase Johnson , Chase MacKay , Evan Stele , Vanessa Stockwill , Rule 39(c) Certified Law Students, First Amendment Clinic Public Interest Law Firm, Sandra Day O'Connor College of Law, Arizona State University, Phoenix, Attorneys for Amici Curiae Arizona Broadcasters Association, Arizona Newspapers Association, and Reporters Committee for Freedom of the Press.

JUSTICE MONTGOMERY authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, LOPEZ, BEENE, and KING joined.


¶1 In this case, we consider whether certain statements made on air by a radio talk show host about a political figure may serve as a basis for a defamation action. Given each statement's content, the overall context, and the protections afforded to core political...

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