Helton v. Joplin

2 Citing cases

  1. Trover v. Kluger

    CIVIL ACTION NO. 4:05CV-014-H (W.D. Ky. Oct. 8, 2008)

    The judicial proceeding privilege covers publications of matters within the court record. Helton v. Joplin, 281 S.W.2d 917, 918 (Ky. 1955). In 1936, the legislature codified the fair reporting privilege to strengthen and clarify it. KRS 411.060. It has remained unchanged ever since.

  2. Pearce v. Courier-Journal

    683 S.W.2d 633 (Ky. Ct. App. 1985)   Cited 22 times
    Holding that the common law privilege of newspapers to print fair and accurate accounts of judicial proceedings "is not lost if the newspaper fails to print the exact facts so long as what it does print is substantially true;" citing Bell

    Insofar as this article is an accurate account of judicial and administrative proceedings, then regardless of the falsity or defamatory character of its contents, it is absolutely privileged unless its publication "was maliciously made." KRS 411.060. Unfortunately, we find nothing in the statute explaining what is meant by "maliciously made," and the few cases considering this statute offer little or no guidance. See, e.g., Helton v. Joplin, Ky., 281 S.W.2d 917 (1955). Although Begley v. Louisville Times, 272 Ky. 805, 115 S.W.2d 345 (1938), was concerned with a publication which would seem to have fallen within the purview of KRS 411.060, that opinion does not consider the statute.