Huckabee v. Time Warner Entertainment Company, LP

A Home Box Office (HBO) documentary chronicled four cases from Houston’s family court system with a theme of unfair treatment of women. Two of the cases were presided over by Judge Charles Huckabee (plaintiff). One of those two cases involved a child-custody dispute in which Huckabee granted custody to the father despite the mother’s accusations that the father had sexually abused the child. A psychologist appointed by Huckabee subsequently concluded that the sexual abuse had been perpetrated by the child’s older brother rather than by the father, but this was omitted from the film because the film’s researcher doubted the psychologist’s conclusion. Huckabee brought a defamation suit against HBO (defendant), a subsidiary of Time Warner Entertainment Company, Inc. Affidavits submitted by HBO included statements from the film’s researcher, the film’s director, and two HBO employees, all of whom attested to a belief in the truthfulness of the information contained in the documentary. Huckabee, who was interviewed for the film, countered that HBO sought to portray him in an unfavorable light, made editorial choices that created a false impression, purposefully avoided discovery of the truth, and engaged in a suspiciously extensive legal-review process before broadcasting the documentary. HBO moved for summary judgment, which was denied. HBO appealed. The appellate court granted summary judgment in favor of HBO, ruling that the affidavits successfully negated the actual-malice element necessary for a successful defamation claim. Huckabee appealed. The Texas Supreme Court granted certiorari.