McNair

In this case of first impression we are asked to determine whether the free exercise clause of the First Amendment of the United States Constitution bars a defamation suit brought against a church and two of its ministers for statements made during the course of a theological controversey. Should we find the suit is not barred, we then must identify the level of malice necessary to sustain an award of damages.

Plaintiff and respondent Leona McNair (respondent) brought an action for libel, slander, intentional infliction of severe emotional distress, invasion of privacy, and conspiracy against defendants and appellants Worldwide Church of God (the Church), Raymond McNair (McNair), and Roderick Meredith (Meredith). After a jury trial, judgment was entered in respondent’s favor. She was awarded $260,000 compensatory and $ 1 million punitive damages.

Facts

To better understand the issues on appeal, we begin with a brief history of the Church. Herbert W. Armstrong founded the Church in 1933 when it was known as the Radio Church of God. The Church is a fundamentalist Christian faith with an hierarchical structure. Until his death in 1986, Mr. Armstrong was the Pastor General…