This section contains the nature of the case and procedural background.

A radio station conducted an interview with members of a singing group called 'The Good Rats.' Following a commercial advertising an establishment where the group was no longer allowed to play, the group discussed a lawsuit with a Mr. Matherson (P) as to why they could not play there anymore. The following statements were alleged to be defamatory: 'we used to fool around with his wife' and 'I don't think it was his wife that he got upset about, I think it was when somebody stated messing around with his boyfriend that he really freaked out.' Mr. Matherson brought a defamation suit, which was dismissed at the trial level.

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