Uranga v. Federated Publications, Inc.

2003 WL 328431 (Ida. 2003)

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Nature of the Case

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Facts

Evil was afoot in 1955 and again in 1995. On Sunday, October 15, 1995, D published a front-page story entitled 'The Boy Most Likely' concerning events that occurred in Boise in 1955 over allegations that adult homosexual men were propositioning teenage boys at the YMCA. The ever-vigilant law enforcement officials interrogated approximately 1,500 people and arrested sixteen suspects. The events became known as the 'Boys of Boise' scandal. Frank was at West Point when Melvin was charged with performing oral sex on Frank two years earlier. Frank broke down and admitted the sex but said it was at gunpoint. Melvin denied this in a handwritten one-page statement which also discussed the relations Frank had with his cousin P. For purposes of national security and goodness and rightness, and the American way, Frank was dismissed from West Point. P decided it just had to revisit this earlier and more pure and representative time in American History to relive the scandal. It dug up the story and brought it back. D printed a photographic representation of Melvin's statement, including the allegation regarding P. P submitted a written request that it retract the sentence in the Dir Statement that implicated him in homosexual activity, claiming that the statement was libelous and invaded his privacy. D refused. D did permit P to submit a written response to be published in a 'Speaker's Corner' feature to appear on the editorial page. P sued D Statesman alleging claims for invasion of privacy and intentional and/or reckless infliction of emotional distress. The Statesman filed an answer and then moved for summary judgment on the grounds that it was immune from liability under the First Amendment and under the fair report privilege. After argument, the district court orally granted the motion on both grounds. On October 20, 1998, the district court entered a written order granting summary judgment and dismissing P's complaint with prejudice. P appealed, and the Court of Appeals upheld the district court. P appealed. The Court vacated the district court and D filed a petition for rehearing, and it was granted.