Denke v. Shoemaker, 2008 MT 418 (2008)

Citation: Denke v. Shoemaker, 2008 MT 418 (2008)
Parent Document: Denke v. Shoemaker, 2008 MT 418 (2008)
Jurisdiction: Montana (state)
Effective Date: 2008-12-16
Original Source: https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ ↗

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¶61 The City contends that the similarity between Skinner and the case at hand is “startling” and that Skinner “glaringly” supports the conclusion that the statements and comments made at the February 14 council meeting were privileged. The City also cites New York Times for the proposition that “our free citizenry has the right to criticize its public officials,” even with “obnoxious comments.” The City avers that the New York Times decision disdains any attempts “to stifle critique of public officials” and that speech is constitutionally protected even if it is “untrue, useless and very offensive.” Thus, on the assumption that Denke was a “public official” as contemplated by New York Times, the City maintains that her complaint about “retaliatory speech” was properly dismissed.

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