Maldonado

Can a defamatory innuendo be created by the act of “highlighting” or visibly emphasizing certain selected passages in a concededly truthful and accurate newspaper article? May an action for defamation lie against persons who copy and disseminate such a truthful newspaper article, after having themselves highlighted one portion of the article that mentions other individuals in a context or manner that inferentially associates those individuals with alleged criminal activity? The issue is apparently one of first impression.

In this case, appellants Donald C. Smith and Thomas G. Atwood contend they were libeled when respondents Ron and Helen Maldonado distributed copies of an entirely truthful newspaper article describing the indictment of appellants’ former attorney on charges of attempting to bribe a state legislator on appellants’ behalf, with the single paragraph referring to appellants by name intentionally highlighted by respondents. We affirm the trial court’s grant of summary judgment in respondents’ favor.

Factual and Procedural Background

In February 1993, the voters of Colma narrowly approved a proposed ordinance to permit the operation of a card room, pursuant…