Grogan v. KOKH, LLC
2011 OK CIV APP 34
| Okla. Civ. App. | 2011Background
- Grogan, a teacher at Macomb High School, sues KOKH Channel 25 and associated personnel for defamation and invasion of privacy.
- Broadcast concerned an incident after a basketball game where a cow bell was removed and Grogan explained referee authority.
- Some parents later alleged Grogan threatened to shoot students; school investigated and reprimanded Grogan, not renewing his coaching contract.
- KOKH aired a February 29, 2008 report; Grogan alleges the broadcast defamed him and invaded his privacy by false light.
- The district court granted summary judgment to KOKH on defamation; Grogan’s false light claim remained at issue.
- The appellate court affirms in part, reverses in part, and remands for further proceedings on Grogan’s false light claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does lead-in imply Grogan as terrorist false light? | Grogan argues lead-in portrays him as terrorist. | KOKH contends lead-in does not convey terrorism. | Question for jury; lead-in reasonably capable of conveying false light. |
| Was Grogan required to prove actual malice for false light invasion of privacy? | Actual malice applicable; broadcast could be false and highly offensive. | Actual malice should be proven only if portrayal is tied to extrinsic facts. | Actual malice applies; jury must determine knowledge or reckless disregard. |
| Is there immunity or privilege that bars Grogan's false light claim? | No privilege covers the false light portrayal of terrorism. | Privileges (fair comment/report) may shield portions of the broadcast. | Privilege not established for the false light portion; remand for trial. |
Key Cases Cited
- Colbert v. World Publ'g Co., 747 P.2d 286 (Okla. 1987) (false light requires knowing or reckless disregard)
- Time, Inc. v. Hill, 385 U.S. 389 (U.S. 1967) (actual malice standard for false light)
- New York Times Co. v. Sullivan, 376 U.S. 254 (U.S. 1964) (actual malice for defamation by public figures)
- Cantrell v. Forest City Publ'g Co., 419 U.S. 245 (U.S. 1974) (actual malice standard articulated for false light)
- McCormack v. Oklahoma Publ'g Co., 613 P.2d 737 (Okla. 1980) (First Amendment protections and privacy/publicity interplay)
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (U.S. 1974) (private individuals; actual malice standards context)