A Texas high school football coach says he will appeal a libel suit dismissed by the state appeals court last month.
Coach Mark Zimmer, of Jacksonville High School, sued Scott Tyler, the sports editor of the Palestine Herald-Press, after Tyler wrote that the coach had made an obscene gesture at a 2006 game.
The appeals court held that the editor was merely expressing an opinion in calling Zimmer's action "obscene." Opinion speech is protected under the First Amendment.