No. 18-602

Jodi A. Smith v. Lakewood Ranch Gymnastics LLC, et al.

Lower Court: Florida
Docketed: 2018-11-07
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review civil-procedure defamation enhanced-appellate-review first-amendment jurisdiction legal-procedure new-york-times-v-sullivan non-media-defendant private-plaintiff standing supreme-court
Latest Conference: 2019-01-04
Question Presented (from Petition)

Whether the enhanced appellate review reiterated in New York Times Co. v. Sullivan is required for First Amendment protection in a defamation case with a private plaintiff and non-media defendant.

Whether it is negligent within the protections of the First and Fourteenth Amendments for a mother to privately share concerns to another mother about pornographic affiliations of a gymnastics facility that advertises false credentials and posts pictures of themselves online at the Playboy mansion.

Whether the First and Fourteenth Amendments require the application of the "different effects" test, as adopted in Masson v. New Yorker Magazine, to a denial of a defamation claim on the basis of substantial truth.

Question Presented (AI Summary)

Whether the enhanced appellate review reiterated in New York Times Co. v. Sullivan is required for First Amendment protection in a defamation case with a private plaintiff and non-media defendant

Docket Entries

2019-01-07
Petition DENIED.
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-12-07
Waiver of right of respondents Lakewood Ranch Gymnastics LLC, et al. to respond filed.
2018-10-31
Petition for a writ of certiorari filed. (Response due December 7, 2018)

Attorneys

Jodi Smith
David William SmithLaw Office of David W Smith, Petitioner
Lakewood Ranch Gymnastics LLC, et al.
Kelly R. HighBush Ross, P.A., Respondent