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DUC TAN v. LE

No. 86021-1.

300 P.3d 356 (2013)

DUC TAN, a single man; and Vietnamese Community of Thurston County, a Washington corporation, Petitioners, v. Norman LE and Phu Le, husband and wife; Tuan A. Vu and Huynh T. Vu, husband and wife; Phiet X. Nguyen and Vinh T. Nguyen, husband and wife; Dat T. Ho and "Jane Doe" Ho, husband and wife; Nga T. Pham and Tri V. Duong, wife and husband; and Nhan T. Tran and Man M. Vo, wife and husband, Respondents.

Supreme Court of Washington, En Banc.

Decided May 9, 2013.

Attorney(s) appearing for the Case

Gregory M. Rhodes , Younglove & Coker, PLLC, Olympia, WA, Kenneth Wendell Masters , Shelby R. Frost Lemmel, Masters Law Group PLLC, Bainbridge Island, WA, for Petitioners.

Michael Barr King , James Elliot Lobsenz , Justin Price Wade , Carney Badley Spellman PS, Howard Mark Goodfriend , Smith Goodfriend PS, Seattle, WA, Nigel Stephen Malden , Nigel Malden Law, Rebecca Marie Larson , Davies Pearson PC, Tacoma, WA, for Respondents.

Michele Lynn Earl-Hubbard , Allied Law Group LLC, Seattle, WA, amicus counsel for Allied Daily Newspapers of Washington, Washington Newspapers Publishers, Pioneer Newspapers and Spokesman Review.

MADSEN, C.J.

¶ 1 In 2003, members of the Committee Against the Viet Cong Flag disseminated an e-mail message throughout the Olympia Vietnamese community accusing Duc Tan and the Vietnamese Community of Thurston County (VCTC), a nonprofit corporation, of engaging in procommunist activities. Additionally, defendant Norman Le authored three newsletter articles repeating allegations from the e-mail and also accusing Tan and the VCTC of being undercover Viet Cong...

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