Port Arthur I S v. Klein Associates, Port Arthur I S v. Klein Assoc, 70 S.W.3d 349 (Tex. App. - Beaumont 2002)

Feb 14, 2002

OUTCOME: Affirmed

Counsel for Klein Associates "The question presented is whether a governmental unit may sue for defamation. The answer is no. The SouthEast Texas Political Review, a website owned by Klein Associ ... ates, published a story by Philip Klein. In the Review, Klein stated that a "huge fight" had occurred at a prom sponsored by Thomas Jefferson High School, a school within the Port Arthur Independent School District ("PAISD"). The school district sued Philip R. Klein and Klein and Associates Political Relations, a Division of Klein Investments, Inc., (collectively the "Klein defendants") for defamation. PAISD did not sue Southeast Texas Political Review as a separate entity, but the summary judgment and appellate briefs name the website separately. We make no distinction in this opinion between the website and the Klein defendants. Initially, the trial court granted summary judgment for the Klein defendants on five grounds, one of which was that PAISD's claims were prohibited by the First Amendment. PAISD filed a motion for new trial. The trial court granted the motion for new trial and issued an amended order granting summary judgment for the Klein defendants solely on the First Amendment issue and denying all other grounds. On appeal, PAISD asks this court to reverse the summary judgment, remand the case for trial, and order the Klein defendants to reveal their sources of information quoted in the article."