McGuire v. Bowlin
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McGuire v. Bowlin
Opinion of the Court
Under New York Times Co. v. Sullivan ,
*822Chafoulias v. Peterson ,
FACTS
This case comes before us following the district court's grant of summary judgment against McGuire. Accordingly, we view the evidence in the light most favorable to him. See Expose v. Thad Wilderson & Assocs., P.A. ,
From the fall of 2012 to the spring of 2014, McGuire was the head coach of the girls' basketball program for Woodbury High School. In that role, he oversaw five assistant coaches, made strategic decisions, scheduled games and practices, and had general oversight of the program.
While McGuire was coaching at Woodbury, respondents, all of whom were parents of players on the team, expressed concerns about McGuire's conduct, most notably alleging that he swore at practices, touched players in inappropriate ways,
Around the same time, Bowlin and Danielson filed maltreatment-of-minor reports against McGuire with the Minnesota Department of Education. Following an investigation, the Department concluded that Bowlin's daughter had not been subjected to maltreatment. Although the record is silent as to Danielson's daughter, no evidence suggests that the Department reached a different conclusion as to her.
Even after McGuire was removed from his coaching position, Bowlin continued to make statements about him. In August 2014, she emailed another parent that, "Last I heard yesterday he was recently put in jail ... I will find out the truth and call the [Department of Education] today and find out." In December she sent that same parent's spouse a photo of a newspaper article titled "Woodbury man sentenced to jail in stolen funds case," accompanied by a text that said "I know we don't talk anymore but this was part of the Woodbury stuff with [McGuire] that was going on. This guy too got busted." It is undisputed that the subject of the article was not McGuire.
In December 2015, McGuire served and filed a complaint alleging respondents had engaged in defamation and a civil conspiracy, and that Bowlin and Danielson had *823filed false maltreatment-of-minor reports.
In the court of appeals, McGuire appealed the issues of whether he was a public official, whether there was any genuine issue of material fact that respondents acted with actual malice, and whether there was any genuine issue of material fact that Bowlin
McGuire petitioned for further review solely on the issue of whether he was a public official for the purpose of his defamation claims. We granted his petition.
ANALYSIS
I.
McGuire appeals the court of appeals' conclusion that he is a public official. Whether McGuire is a public official is a question of law that we review de novo. Britton v. Koep ,
To prevail on a defamation claim, a plaintiff must show: (1) that the defendant made a false and defamatory statement about the plaintiff; (2) that the statement was an unprivileged publication to a third party; (3) that the statement had a tendency to harm the plaintiff's reputation in the community; and (4) that the defendant was at fault (at least negligent).
In New York Times Co. v. Sullivan , the Supreme Court held that the First Amendment "prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with 'actual malice'-that is, with knowledge that it was false or with reckless disregard of whether it was false or not."
We most recently had occasion to address the scope of the public-official designation in Britton ,
The first Britton criterion is whether McGuire was performing governmental duties directly related to the public interest. This criterion has its origins in Hirman v. Rogers ,
McGuire identifies his duties as "supervision of strategic team decisions such as team selection, offensive and defensive strategies, scheduling games, and general oversight over the program." Amicus National High School Basketball Coaches Association adds (and no party contests) that head coaches would typically "decide who got court time," "set the tempo of practices," "refrain from playing girls who skipped practice," and "encourage them to *825try harder, or play better, or to utilize certain tactics or ideas that he had imparted beforehand or on the fly." Finally, the parties dispute McGuire's precise role in hiring assistant coaches. McGuire claims that only the school district has authority to hire coaches. Respondent asserts that McGuire had indeed exercised hiring authority.
On balance, the interest society has in the execution of these duties does not overcome the interest in protecting reputation. As noted above, the actual-malice requirement for public officials arises out of a desire to allow the public to freely debate public issues, as well as the related concern of the qualifications of those with the power to influence the resolution of those issues. Rosenblatt ,
A review of past cases where a plaintiff's public-official status was at issue supports our conclusion. In New York Times , the plaintiff was an elected city commissioner, whose duties included "supervision of the Police Department, Fire Department, Department of Cemetery and Department of Scales."
The second Britton criterion is whether McGuire held a position to influence significantly the resolution of public issues. In determining what constitutes a "public issue," we are guided by the Supreme Court's statement in Rosenblatt regarding the basis for the public official designation-that society has "a strong interest in debate on public issues , and ... a strong interest in debate about those persons who *826are in a position significantly to influence the resolution of those issues."
The plaintiff in Rosenblatt was the manager of a public ski area, who, by his own admission, was "personally responsible for its financial affairs."
The putative public issue in this case-the operation of a high school basketball team-is far afield from the public issue in Rosenblatt . We acknowledge that high school basketball is an important piece of the social fabric in many communities. And the wins and losses of a high school basketball team-as well as who plays and who does not-may lead to emotional highs and lows in the lives of the players and their families. Nevertheless, these issues are not the sort of issues that the public has "a strong interest in debat[ing]."
Hewitt argues that the public issue in this case is not the basketball team's success, but rather McGuire's specific conduct as coach. In doing so, Hewitt erroneously shifts the focus of the public-official inquiry from McGuire's role to McGuire's conduct. But the Supreme Court was clear in Rosenblatt that a person's status as a public official does not depend on the particulars of the person's conduct; instead, "[t]he employee's position must be one which would invite public scrutiny and discussion of the person holding it, entirely apart from the scrutiny and discussion occasioned by the particular charges in controversy."
The final Britton criterion is whether McGuire had, or appeared to the public to have, substantial responsibility for or control over the conduct of government affairs.
Of course, because this is a public-school basketball team, and public schools are part of government, McGuire was technically engaged in government affairs. But, as with the question of whether McGuire was performing government duties, the mere fact that he received a government paycheck in exchange for the performance of his job is insufficient to satisfy the third Britton criterion. See Hutchinson ,
Analysis of the Britton criteria show that McGuire is not a public official. Nevertheless, relying heavily on Elstrom v. Independent School District No. 270 ,
Finally, we note that the weight of authority in other jurisdictions that have addressed the public-official status of coaches supports our conclusion. Courts of last resort in five other jurisdictions have addressed whether coaches are public officials. Four of those jurisdictions have concluded that they are not. Moss v. Stockard ,
We find the reasoning of O'Connor particularly persuasive. Like McGuire, the plaintiff there was a high school basketball coach. O'Connor ,
A high school basketball coach-indeed any high school athletic coach-does not ply his trade in a realm occupied by the same public and private actors whose labors caught Chief Justice Warren's attention.5 We view the constitutional standard for public official announced by the Supreme Court to be limited to those persons whose scope of responsibilities are likely to influence matters of public policy in the civil, as distinguished from the cultural, educational, or sports realms. The "apparent importance" of a position in government sufficient to propel a government employee into a public official status has nothing to do with the breadth or depth *828of the passion or degree of interest that the government official might ignite in a segment of the public. Nor is celebrity, for good or ill, of the government employee particularly relevant. Rather, it is the nature of the governmental responsibility that guides our public official inquiry. The public official roster is comprised exclusively of individuals in whom the authority to make policy affecting life, liberty, or property has been vested. Likewise, only those issues that have such bearing on civil life as to fairly touch on matters that in the eyes of the law concern life, liberty, or property may be traced to the actions of a public official. So viewed, high school athletics can claim no "apparent importance." The policies and actions of the coach of any high school athletic team does not affect in any material way the civic affairs of a community-the affairs most citizens would understand to be the real work of government.
In conclusion, we hold that under Britton , McGuire is not a public official. Because he is not a public official, the district court erred when it granted summary judgment on that basis.
II.
Respondents argue that, even if McGuire is not a public official, we should nevertheless affirm summary judgment because McGuire is a limited-purpose public figure, a status that would similarly require McGuire to prove actual malice. See Chafoulias v. Peterson ,
Following the holding in New York Times that public officials must prove actual malice to prevail on a defamation claim, the Supreme Court applied a heightened standard to defamation claims brought by nongovernment employees in two cases that did not result in majority opinions. See Rosenbloom v. Metromedia, Inc. ,
The Court went on to define three types of public figures. First, involuntary public figures are people who become public figures "through no purposeful action of [their] own."
Applying Gertz , we have held that three factors must be present for someone to be a limited-purpose public figure: "(1) whether a public controversy existed; (2) whether the plaintiff played a meaningful role in the controversy; and (3) whether the allegedly defamatory statement related to the controversy." Chafoulias ,
We are unable to discern any public controversy here. Although controversy ensued after respondents made the allegedly defamatory statements about McGuire, that controversy cannot serve as a basis for concluding that McGuire is a limited-purpose public figure. As Chafoulias makes clear, a party cannot stir up controversy by making defamatory statements and then point to the resulting controversy as a basis for assigning the defamed party public-figure status. See id. at 651-52.
Hewitt seeks to avoid this conclusion by arguing that the controversy in question was "high school sports." We think this assertion paints with too broad a brush. Controversies must be capable of "resolution," see id. at 653 (noting plaintiff must be able to have an impact on the resolution of the controversy), and, although particular facets of high school sports are capable of resolution, the activity as a whole is not. Moreover, even if Hewitt's proposed controversy were narrowed, for example to "whether McGuire was effectively coaching the teams to win as many games as possible," we remain unpersuaded. First, the record does not suggest that a controversy existed concerning this topic. Second, even if a controversy existed, respondents would nevertheless fail on the third public-figure factor-whether the allegedly defamatory statement related to the controversy. The statements at issue were unrelated to whether the team was being coached to win as many games as possible; instead, they related to allegedly inappropriate conduct towards players. Accordingly, we conclude that McGuire is not a limited-purpose public figure for the purpose of evaluating respondents' allegedly defamatory statements.
III.
Hewitt argues that even if McGuire is neither a public official nor a public figure, we should nevertheless affirm summary judgment because the district court also granted summary judgment on the basis that the statements of Hewitt, Szondy, and Danielson are subject to a qualified privilege and McGuire did not appeal that ruling either to the court of appeals or to our court. Failing to raise an issue both before the court of appeals and in a petition for review forfeits the issue. Figgins v. Wilcox ,
CONCLUSION
For the foregoing reasons, we affirm the decision of the court of appeals regarding Szondy, Danielson, and Hewitt, reverse the decision with respect to McGuire's defamation claim against Bowlin, and remand the case to the district court for further proceedings consistent with this opinion.
Affirmed in part, reversed in part, and remanded.
Specifically, McGuire was accused of giving a back rub to a player during an away game and moving players by their shoulders and hips during practices.
The complaint also contained claims against Bowlin's husband. The district court, after giving notice to the parties that it would dismiss the claims against Mr. Bowlin unless McGuire offered evidence suggesting his liability, sua sponte dismissed the claims against him. That dismissal is not challenged on appeal.
Although McGuire initially appealed whether his false-reporting claim against Danielson had been properly dismissed, he did not pursue that argument in his briefing to the court of appeals, and the court did not address it.
Milkovich has since been overruled by the Ohio Supreme Court, but the discussion in that decision suggests that under the newly announced test, the Ohio Supreme Court would still have concluded that coaches are not public officials. See Scott v. News-Herald ,
In Curtis Publishing Co. , Chief Justice Warren authored a concurring opinion, which noted that since World War II, "[i]n many situations, policy determinations which traditionally were channeled through formal political institutions are now originated and implemented through a complex array of boards, committees, commissions, corporations, and associations, some only loosely connected with the Government."
The district court granted summary judgment to Bowlin only on the basis of McGuire's public-official status.
Reference
- Full Case Name
- Nathan C. MCGUIRE v. Julie A. BOWLIN, Thomas M. Bowlin, Joy M. Szondy, Chelon L. Danielson, Cheryl Hewitt
- Cited By
- 17 cases
- Status
- Published