716 F.Supp.3d 1179
D. Utah2024Background
- Plaintiffs Tera Shanley (aka T.S. Joyce) and her company Wicked Willow Press sued Robyn Hutchings (aka Terry Bolryder/Domino Savage), alleging defamation and related torts stemming from social media posts.
- Hutchings, a fellow romance writer, published hundreds of posts accusing Shanley of serious misconduct, including criminal acts (rape, child abuse, trafficking), sexual misconduct, plagiarism, and white supremacy.
- The posts were made on public platforms to thousands of followers and included not only accusations but harassment and threats.
- Shanley denied all accusations, submitted evidence of economic and emotional harm (declining sales, reputation loss, mental health impacts).
- Hutchings did not respond to the motion for summary judgment or to a court order to respond.
- The court reviewed the plaintiffs' unopposed summary judgment motion for sufficiency and legal entitlement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Defamation/Defamation Per Se | Hutchings published false, defamatory, unprivileged statements | Statements were true, justified by belief | For Shanley: Statements were false, defamatory, unprivileged, and actionable. |
| Public Figure/Public Concern | Shanley is not a public figure; posts relate to private conduct | Number of publications makes Shanley public | For Shanley: Not a public figure, no public concern; normal negligence standard applies. |
| Injurious Falsehood | Posts disparaged products and trade | Not specifically addressed | For Hutchings: Plaintiff failed to show disparagement of specific products. |
| False Light | Posts cast Shanley in a highly offensive false light | Belief in truth of statements | For Hutchings: Genuine dispute of material fact on recklessness. |
| Tortious Interference | Defendant intended/caused harm to business relations | Not specifically addressed | For Hutchings: Insufficient evidence of specific interference/damages. |
| Intentional Infliction of Emotional Distress | Hutchings’ conduct was extreme/outrageous and caused severe distress | Conduct not outrageous, accusations true | For Shanley: Conduct was sufficiently extreme/outrageous to warrant summary judgment. |
Key Cases Cited
- N.Y. Times Co. v. Sullivan, 376 U.S. 254 (U.S. 1964) (actual malice standard for public figure defamation)
- Curtis Publ'g Co. v. Butts, 388 U.S. 130 (U.S. 1967) (extends actual malice to public figures)
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (U.S. 1974) (distinguishes public and private figure standards)
- Phila. Newspapers, Inc. v. Hepps, 475 U.S. 767 (U.S. 1986) (burden on plaintiff to show falsity)
- Snyder v. Phelps, 562 U.S. 443 (U.S. 2011) (public concern standard for First Amendment protection)
- Jacob v. Bezzant, 212 P.3d 535 (Utah 2009) (Utah defamation framework)
- West v. Thomson Newspapers, 872 P.2d 999 (Utah 1994) (elements of defamation and damages)
- Brehany v. Nordstrom, Inc., 812 P.2d 49 (Utah 1991) (privilege in defamation)