Balzaga v. Fox News Network, LLC

In Balzaga v. Fox News Network, LLC (2009) 173 Cal.App.4th 1325, the plaintiffs were portrayed in a television story about an anti-illegal immigrant activist and during the entire story the following caption was displayed: "'MANHUNT AT THE BORDER.'" (Id. at p. 1329.) The plaintiffs argued that the caption defamed them because it falsely suggested that law enforcement was searching for them. (Ibid.) Following defendant's anti-SLAPP motion, plaintiffs made clear their claim of defamation rested on that single statement. (Id. at p. 1333.) The court concluded that a person viewing the broadcast would not have concluded law enforcement was conducting a manhunt for plaintiffs. (Id. at p. 1339.) The broadcast stated that police were "investigating." (Ibid., italics omitted.) "The caption cannot be reasonably viewed apart from the rest of the story because a viewer who saw the caption also necessarily heard the story. Even if the caption, when read in isolation, could be interpreted to mean that law enforcement was conducting an intensive search for fugitives, it would be unreasonable for a person to watch and listen to the broadcast and believe that the police were out hunting for plaintiffs." (Id. at pp. 1341-1342.) The court reached this conclusion notwithstanding the bedrock legal principle that "'not every word of an allegedly defamatory publication has to be false and defamatory to sustain a libel action. . . .'" (Id. at p. 1338.)