New York Times v. Sullivan , 376 U.S. 254 (1964) establishes that speech must be "of and concerning" a specific individual for that individual to state a state tort claim for that speech. The Court further explained in Rosenblatt v. Baer , 383 U.S. 75 (1966) that "of and concerning" test requires specific identifying references to the person claiming tortious conduct. Greenbelt Cooperative Publishing Assn., Inc. v. Bresler , 398 U.S. 6 (1970) also establishes that journalists who accurately report others' factual statements may comment , opine, and theorize on those statements with full confidence in the First Amendment's protections.

The Texas Court of Appeals held that the Sullivan/Rosenblatt test could be satisfied based on specific references to a limited class of individuals. It al so held that journalists' video replay of shooting victims' comments and their subsequent questioning of the victims' stories as being connected to a possible staged tragedy by state and federal governments contained sufficiently interspersed facts and opi nion to place them on the wrong side of the First Amendment.

The question s presented are:

1. Whether the First Amendment bars tort actions seeking damages for speech on matters of public concern directed at a loosely associated, large class of people rather than at specific individuals ?

2. Whether the First Amendment bars tort actions seeking damages for a media organization's accurate replay of factual statements and a commentator's opinion on those facts as accurately replayed?

Whether the First Amendment bars tort actions seeking damages for speech on matters of public concern directed at a loosely associated, large class of people rather than at specific individuals?