Balzaga

The Fox News Network, LLC, broadcast a four-minute story featuring an anti-illegal immigration activist, John Monti, who claimed he was attacked by several immigrants seeking work as day laborers. During the broadcast, Monti described the attack and showed a poster of photographs he had taken of his alleged attackers. Monti also complained that the police were not taking the matter seriously and discussed the larger problems associated with illegal immigrants living in outdoor "migrant camps." During the entire story, the caption "MANHUNT AT THE BORDER" was displayed at the bottom of the television screen.

Seven of the individuals whose photographs were shown on the poster (plaintiffs [1] ) filed a complaint against Fox News Network, LLC (Fox News), alleging a defamation cause of action. [2] Fox News moved to strike the complaint under California's anti-SLAPP law. [3] Plaintiffs conceded their claim was governed by the anti-SLAPP statute, but argued the motion should be denied because there was a probability they would prevail on their defamation claim. After considering the parties' submissions and arguments, the court found plaintiffs did not meet their burden to…

Introduction

“MANHUNT AT THE BORDER” is blazoned across the bottom of the television screen. A “Wanted” poster displaying photographs of plaintiffs is shown. The caption on the poster says: “Wanted [—] Robbery, Assault and Battery.” In introducing the segment, Alan Colmes, one of the two anchors of the telecast, states, “The San Diego Police are investigating an attack on an anti-illegal immigration advocate [John Monti] near a migrants’ encampment close to the San Diego/Mexico border.”

In spite of these facts, the majority reaches the remarkable conclusion that no reasonable person viewing this telecast would have concluded that plaintiffs were the subjects of a manhunt being conducted by law enforcement officers. (Maj. opn., ante, at p. 1339.) Further, notwithstanding the absence of any other express or implied reference to a manhunt throughout the remainder of the telecast, the majority concludes, “[T]he only reasonable conclusion is that the caption [‘MANHUNT AT THE BORDER’] refers to Monti’s own search for plaintiffs and his belief that they should be charged with an assault crime.” (Maj. opn., ante, at p. 1340.)

*1344 The majority’s conclusion is based on the notion that…

*1329 Opinion

The Fox News Network, LLC, broadcast a four-minute story featuring an anti-illegal immigration activist, John Monti, who claimed he was attacked by several immigrants seeking work as day laborers. During the broadcast, Monti described the attack and showed a poster of photographs he had taken of his alleged attackers. Monti also complained that the police were not taking the matter seriously and discussed the larger problems associated with illegal immigrants living in outdoor “migrant camps.” During the entire story, the caption “MANHUNT AT THE BORDER” was displayed at the bottom of the television screen.

Seven of the individuals whose photographs were shown on the poster (plaintiffs 1 ) filed a complaint against Fox News Network, LLC (Fox News), alleging a defamation cause of action. 2 Fox News moved to strike the complaint under California’s anti-SLAPP law. 3 Plaintiffs conceded their claim was governed by the anti-SLAPP statute, but argued the motion should be denied because there was a probability they would prevail on their defamation claim. After considering the parties’ submissions and arguments, the court found plaintiffs did not meet their burden to show…