LEGAL TRENDS
The Houston Lawyer
in connection with a matter of public concern.” Using the statutory analysis it followed in Lippincott as a jumping off point, the Court in Coleman defined the “in connection with” requirement by what it is not — holding that it does not require that the statements at issue “specifically mention” the public concern; it does not require more than a “tangential relationship” to the public concern; it does not require something more than a “tenuous or remote relationship” with the public concern. Instead, the “in connection with” requirement under the TCPA can be satisfied by a defendant that can show essentially any relationship between the communication and a matter of public concern. As stated by the Court in Coleman, “We do not substitute the words of a statute in order to give effect to what we believe a statute should say; instead, ...we look to the statute’s plain language to give effect to the Legislature’s intent as expressed through the statutory text.” Essentially, the Legislature chose the phrase “in connection with,” and that is what the Court will give effect to. Following the Court’s decision in Coleman, Texas State Representative J.M. Lozano filed a bill to amend the TCPA so that it would only apply to statements made in a public forum (HB 3811). That bill does not appear to be getting much traction at the moment. As a result, the TCPA currently sits as an expansive statute that must be considered when prosecuting or defending any defamation claim. Jeffrey Elkin leads the Litigation Practice Group at Porter Hedges LLP. He practices in the area of commercial litigation and partnership disputes, and has been the lead attorney in several reported appellate decisions involving dismissals under the TCPA. 42
May/June 2017
thehoustonlawyer.com
Media Reviews
Trials of the Century: A Decadeby-Decade Look at America’s Most Sensational Crimes By Mark Phillips and Aryn Phillips Prometheus Books, 2016 Reviewed by Hon. Josefina M. Rendón
“A
mericans love to talk about crime, to read about it, relive it, and revel in it.” This is the premise of this fascinating book written by a father-daughter team; an attorney and a sociologist, respectively. They state that America has had a “trial of the century” every decade. Accordingly, they cover ten trials, one from each decade, “each different in character and context, but alike in telling ways.” The book concludes with a trial of the 21st century’s first decade. America’s fascination for violent crime is “greatly slaked by the media,” it adds. Accordingly, it covers not only the crimes but the courtroom battles and the tremendous effect of the media on public opinion about these cases. The book’s ten chapters, are as follows:
1. 1900-1910: He Deserved It: The case of Harry Kendall Thaw- Thaw, a millionaire, killed architect Stanford White in front of thousands of people. His mental state, not whether he “did it,” was the issue at trial. 2. 1910-1920: The Death of Mary Phagan: The Trial of Leo Max Frank- A factory superintendent was accused of murdering thirteenyear-old worker Mary Phagan in Atlanta. That he was Jewish and from New York negatively affected Southern media and public opinion. Though innocent, says the book, many wanted him convicted. After conviction, he was kidnapped and lynched. This case directly led to the formation of the B’nai B’rith and the reviving of the Ku Klux Klan. 3. 1920-1930: “Fatty” Arbuckle and the Dead Actress- Arbuckle was a popular movie star accused of murdering a young actress. Acquitted after three trials, he was nevertheless blacklisted and financially ruined for life. 4. 1930-1940: Bruno Hauptman and the Lindbergh Baby- American hero Charles Lindbergh’s baby son was kidnapped and murdered. Hauptmann, a German immigrant, was found guilty and executed. Some still question Hauptman’s guilt. 5. 1940- 1950: Wayne Lonergan and the Bludgeoned Heiress- Lonergan was convicted of murdering his wife. The book tells that more reporters covered this 1944 trial than the allies’ invasion of Italy. 6. 1950-1960: Who Killed Marilyn? The Sam Sheppard Case- Marilyn Sheppard was brutally murdered in her bedroom. Her husband Sam was initially convicted but, after