Tom Martino of the consumer-advocacy show, “The Tom Martino Show,” invited Melissa Feroglia to call in to discuss her dispute with Mt. Hood Polaris concerning a jet ski she had purchased. According to Feroglia, the jet ski repeatedly overheated and quit running. Mt. Hood Polaris replaced the engine, but when that repair did not solve the problems, Mt. Hood Polaris offered to buy the jet ski back. When Feroglia returned the jet ski, Mt. Hood Polaris refused to honor the offer and noted that the jet ski had been fixed. At this point in the story, Martino stated, “Yeah…they’re just lying to you.”
Mt. Hood Polaris sued Martino for defamation, false light invasion of privacy, and interference with economic relations. The trial court dismissed the claims, noting that they were protected by the state and federal First Amendment. On appeal, Mt. Hood Polaris argued that his statements should not receive First Amendment protection because they were false. The Ninth Circuit disagreed, holding that Martino’s statements were protected by the First Amendment. For the full story, click here.
