Montesano v. Donrey Media Group

In Montesano v. Donrey Media Group, 99 Nev. 644, 668 P.2d 1081, 1088 (Nev. 1983), the question of applying a newsworthiness standard arose because the action was based upon a newspaper article about a hit-and-run accident twenty years earlier in which a police officer had been killed. The article identified Montesano as a passenger in the automobile that collided with the officer's motorcycle. It noted that Montesano, as well as the driver of the car, had fled the scene of the accident, and that Montesano was adjudicated as a juvenile delinquent. The reference to the incident was part of a story recounting the history of law enforcement officers who had lost their lives in the line of duty. The story related the specifics of Montesano's involvement in the hit-and-run as well as his later conviction for possession of marijuana. The Nevada Supreme Court rejected Montesano's argument that even though the information from the story was drawn from court records, the lapse of twenty years between the incident and the publication eroded the public nature of those facts. The Court concluded that because all the information disclosed was contained in public records, the First Amendment protected the publisher from liability even though the publication occurred twenty years after the reported incident. Montesano, 668 P.2d at 1088.