(Download) "Boswell V. Phoenix Newspapers Inc." by Arizona Supreme Court # Book PDF Kindle ePub Free

eBook details

Title: Boswell V. Phoenix Newspapers Inc.
Author : Arizona Supreme Court
Release Date : January 04, 1986
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 73 KB

Description

Steve W. Boswell and Jim Mofford (plaintiffs) brought a defamation action against defendants Phoenix Newspapers, Inc. and Edythe Jensen, its reporter, alleging that defendants had published a story falsely charging plaintiffs with criminal activity. Over objection, the trial judge instructed the jury that if the newspaper had adequately retracted the false statement, plaintiffs could not recover general damages. The jury returned a verdict for defendants. The court of appeals held the statute requiring the retraction instruction unconstitutional under article 18, section 6 of the Arizona Constitution (art. 18, § 6). Boswell v. Phoenix Newspapers, Inc., 152 Ariz. 1, 730 P.2d 178 (Ct.App.1985). The court concluded, therefore, that the trial court had erred in giving the instruction, and remanded the case for a new trial.