Juan L. v. E.W. Scripps Co.
Juan L. (the minor) was the victim of terrible acts of violence when he was seven years old. In reporting about the incident, which was of intense local interest, defendants (collectively “the media defendantsâ€) published the minor’s full name. The minor, by and through his guardian ad litem, sued the media defendants for invasion of privacy and gross negligence for printing his name.[1] The trial court granted the media defendants’ motion to strike the complaint pursuant to the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, Code of Civil Procedure section 425.16.[2] The trial court found that the media defendants’ publications about the newsworthy incident were protected by the First Amendment and the privilege set forth in Civil Code section 47, subdivision (d).
The minor contends (1) the media defendants failed to meet their threshold burden to show that they acted in furtherance of the right of free speech, because they did not establish that the minor’s name was newsworthy; and (2) the trial court erred in ruling that the burden then shifted to the minor and that the minor failed to show a probability of prevailing on the merits.
We conclude the trial court did not err in granting the media defendants’ anti-SLAPP motion. The minor’s lawsuit arose from acts by the media defendants in furtherance of the right of free speech in connection with a public issue, and the minor failed to prove a probability of prevailing on the merits.
We will affirm the judgment/order.
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