Jackson Walker wins appeal victory for local radio station in defamation suit – Jackson Walker

Chris Samples Broadcasting, which operates under the name KXDJ Radio and is a client of Jackson Walker, has fended off defamation lawsuits related to a series of episodes involving the death of a Canadian, Texas teenager.

Case in focus

The case was brought by relatives of Thomas Brown, a teenager who disappeared in 2016 and whose remains were found over two years later near Lake Marvin Road. Episodes of KXDJ Radio discussing Brown’s death included interviews that radio host and podcaster Chris Samples conducted with Michael Crain, a former state police officer and private investigator. Crain shared his theory that Brown’s death was a suicide, which contradicted the family’s story that their child was murdered. Both Samples and Crain repeatedly stressed that they were expressing opinions based on publicly available information, including a report from the Attorney General’s Office.

The lawsuit alleged that the radio host and his guest conspired to defame the plaintiffs by spreading a false representation. The defendants each filed a motion to dismiss the lawsuit in the trial court under the Texas Citizens Participation Act (TCPA), Texas’ anti-SLAPP law. The trial court ultimately denied the TCPA motions, and the appeal followed.

Enforcement of the TCPA application

On appeal against the 99^th In district court in Lubbock County, Texas, Jackson Walker’s attorneys Robert P. Latham and Michael Murtha vigorously defended Chris Samples Broadcasting, arguing that the interviews were protected speech under the First Amendment. The firm successfully convinced the Texas 7th Circuit Court of Appeals that all statements made were clearly presented as opinions, not facts. The court ultimately agreed, emphasizing that terms such as “belief,” “theory,” and “opinion” were used consistently in the interviews.

In its June 28, 2024, opinion, the court wrote, “Even though his statements are distasteful, Crain’s theories, when considered in the overall context of the radio show, are mere conjecture. Samples and Crain also urged the audience to form their own opinions, with Crain declaring at one point, ‘I’m actually asking people not to believe me, prove it to themselves.'” In the opinion, the court added, “Because the concern is that defamation suits should not restrict otherwise constitutionally protected free speech, opinions are not actionable.”

As a result, the court reversed the trial court’s judgment, dismissed all claims against our client, and remanded the case for an assessment of attorneys’ fees and sanctions in accordance with its opinion. The appellate court then denied a motion for a rehearing by the plaintiffs/appellants.

“This case is a critical victory for open dialogue and responsible journalism,” said Bob Latham. “The court’s decision underscores the importance of protecting free speech, including when discussing sensitive issues. Our client simply provided a platform for a dissenting viewpoint, with both the moderator and guest making it clear that these were opinions.”

The case is Chris Samples, private individual and CEO of Chris Samples Broadcasting, Inc. d/b/a KXDJ Radio Station against the Estate of Thomas BrownNo. 07-23-00225-CV, in the Seventh Circuit Court of Appeals of Texas, on appeal from 99^th District Court in Lubbock County, Texas.

Meet the team

Robert P. Latham has nationally recognized experience in commercial litigation, media law and intellectual property. Bob’s media law practice includes representing international, national and local media clients in trial and appellate courts in matters of defamation, invasion of privacy, news gathering, access to information, prior restrictions, privacy rights and pre-publication review. Since 2007, Bob has been one of the The best lawyers in America in the areas of Litigation – First Amendment, Commercial Litigation, and Litigation – Intellectual Property, to name a few. Bob is a Fellow of the American College of Trial Lawyers, a member of the American Board of Trial Advocates and the International Association of Defense Counsel, and Chair of the International Board of ARTICLE 19. He has also served on the Board of Directors of the ABA Forum on Communications Law and is a past President of the Defense Counsel Section of the Media Law Resource Center.

Michael Murtha is a lawyer in the areas of litigation and appellate, and investigations and defense of white collar criminal matters in the Dallas office of Jackson Walker. A former federal employee at both the trial and appellate levels, Michael draws on his prior experience in the federal judiciary to advise and defend companies and individuals facing complex criminal and civil allegations at the pretrial, trial, and appellate levels in federal court. In addition to Michael’s white collar criminal and investigations docket, Michael also has an extensive civil docket representing companies and individuals facing antitrust, False Claims Act, defamation, breach of contract, and fraud claims. In 2024, Michael was named by Best Lawyers (Woodward/White Inc.) for commercial disputes.

Get to know JW

Founded in 1887, Jackson Walker has grown to become the largest law firm in the state of Texas. With approximately 30% of the firm’s 500+ attorneys engaged in litigation, Jackson Walker has one of the largest litigation practices in the Southwest and has been ranked as one of the “Most Feared Law Firms in Litigation” by BTI Consulting Group since 2022. Our media law group has also been recognized as one of the top firms in the U.S. for First Amendment litigation. Chambers USA Guide since 2021. For more information about the team’s experience defending First Amendment rights, visit the Trial and Appellate and Media Law practice pages.