Susan B. Anthony List v. Steven Driehaus, 779 F.3d 628

Driehaus counterclaimed for defamation after SBA List accused him of voting for taxpayer-funded abortion in the PPACA.
SBA List filed federal suit to challenge Ohio’s Unfair Political Campaign Activities statute; district court stayed related OEC matter.
SBA List moved for summary judgment on Driehaus’s defamation claim; initial denial; discovery proceeded.
District court later granted summary judgment to SBA List relying on a broad First Amendment rule and other authorities.
On appeal, the Sixth Circuit reversed the categorical First Amendment ruling and affirmed on Ohio defamation analysis, ruling SBA List entitled to summary judgment.
Court held that the statements had some truth or substantial truth and that SBA List showed no actual malice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court erred in a categorical First Amendment ruling.	Driehaus argues the court misstated defamation law.	SBA List argues alternate basis supported summary judgment.	District court erred; but affirmed on Ohio defamation grounds.
Whether SBA List is entitled to summary judgment under Ohio defamation law.	Driehaus contends statements were false and made with actual malice.	SBA List asserts statements were true or substantially true and not made with actual malice.	SBA List granted summary judgment; no evidence of actual malice.

New York Times Co. v. Sullivan, 376 U.S. 254 (1964) (public official defamation standard; Sullivan framework)
Snyder v. Phelps, 131 S. Ct. 1207 (U.S. 2011) (First Amendment limits on emotional distress claims; context cited)
United States v. Alvarez, 132 S. Ct. 2537 (U.S. 2012) (Stolen Valor Act; First Amendment speech limits noted)
Yeager v. Local Union 20, 453 N.E.2d 666 (Ohio 1983) (state defamation standard of law; falsity and fault analysis)
Am. Chem. Soc. v. Leadscope, Inc., 978 N.E.2d 832 (Ohio 2012) (elements of defamation; substantial truth standard)