Scholz v. Boston Herald
Tom Scholz, founder of the band Boston, sued the Boston Herald for libel over a series of stories that discussed motivating factors that may have led fellow band member Brad Delp to take his own life. The Reporters Committee and 25 other media organizations argued the Herald’s statements were protected opinion because the Herald disclosed truthful facts that formed the basis of the statements, allowing readers to draw their own conclusions from the facts presented, and because the Herald’s conjecture as to why Delp may have taken his own life cannot be proven false and therefore cannot be actionable. The brief noted that offering analysis and speculation is an important part of journalism that contributes to a robust public discourse on matters of public importance, and the court must allow this type of speech to continue unhindered.