Smith v. The Humane Society

February 4, 2016

The Missouri Supreme Court is considering whether the Humane Society’s statements identifying a dog kennel as a “puppy mill” and one of the “worst puppy mills in Missouri” are protected under the First Amendment as non-actionable statements of opinion. The Humane Society made the statements during a political campaign urging Missouri voters to approve a statewide public referendum on the “Puppy Mill Cruelty Prevention Act.” The trial court dismissed plaintiff’s defamation and false light claims, but the Court of Appeals reversed and remanded. The Reporters Committee, with a coalition of 22 media organizations, filed an amicus brief with the Missouri Supreme Court. Amici urge the Court to find the statements are constitutionally protected opinion and affirm the trial court’s dismissal because the Humane Society’s statements are based on disclosed, truthful facts and are core political speech.