From Deseret News archives:

Justices back Lehi coach

Published: Wednesday, Aug. 1, 2007 12:06 a.m. MDT
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"We hold that Mr. O'Connor, as a women's high school basketball coach, is not a public official for the purposes of defamation law," the ruling states. The decision reverses the district court's decision.

But the state Supreme Court didn't leave parents out in the cold. The high court created a new category of protected speech that allows parents to communicate concerns about their children to someone who can do something about it, such as a principal or school-board member. The provision does not apply to false statements.

Media attorney David Reymann with the Parr Waddoups law firm in Salt Lake City said Tuesday's ruling won't have much of a chilling effect on parents' ability to complain about teachers and coaches.

"Public school coaches are obviously prominent people in the community and can affect the lives of students," Reymann said. "But parents have a strong interest in bringing concerns to the school without fear of retaliation in the form of a suit. The court didn't leave parents without protections."

O'Connor told the Deseret Morning News that he was pleased with the ruling. "We're pretty happy with the decision, not just for myself but for coaches and teachers everywhere," he said. "We think that this is a good decision."

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The ruling gives educators a chance to do what they've been trained to do without parents becoming overly zealous, O'Connor said. "There's a lot of people who serve kids who are doing good things but who catch a lot of flak. And now maybe there will be some second thoughts before people go overboard."

The Utah Education Association had filed a friend-of-the-court brief, supporting O'Connor. The UEA says public school teachers should not be considered public officials or public figures because it would deny them the right to seek justice against malicious defamation.

The attorney for the parents, Michael Homer, could not be reached for comment.

O'Connor's attorney, Joseph Rust, said O'Connor's defamation lawsuit will probably now go to trial.


Contributing: Amy Donaldson


E-mail: gfattah@desnews.com

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