Jackson Walker client Chris Samples Broadcasting, operating as KXDJ Radio, has defeated defamation claims related to a series of episodes discussing the death of a teenager from Canadian, Texas.

Case in Focus

The case was brought by relatives of Thomas Brown, a teenager who went missing in 2016 and whose remains were found over two years later near Lake Marvin Road. The episodes on KXDJ Radio discussing Brown’s death featured interviews conducted by radio host and podcaster Chris Samples with Michael Crain, a former state law enforcement officer and private investigator. Crain shared his theory that Brown’s death was a suicide, which contrasted with the family’s story that their child was murdered. Both Samples and Crain repeatedly emphasized that they were expressing opinions based on publicly available information including a report from the Office of the Attorney General.

The lawsuit claimed that the radio host and guest conspired to defame the plaintiffs by promoting a false narrative. The defendants each filed motions to dismiss in the trial court under the Texas Citizens Participation Act (TCPA), Texas’ anti-SLAPP statute. The trial court ultimately denied the TCPA motions, and the appeal followed.

Prevailing on TCPA Motion

On appeal from the 99^th District Court in Lubbock County, Texas, Jackson Walker attorneys Robert P. Latham and Michael Murtha vigorously defended Chris Samples Broadcasting, arguing that the interviews constituted protected speech under the First Amendment. The firm successfully convinced the Texas Seventh Court of Appeals that all statements made were clearly presented as opinions, not facts. The Court ultimately agreed, highlighting that terms like “believe,” “theory,” and “opinion” were consistently used throughout the interviews.

In its opinion delivered on June 28, 2024, the Court wrote: “Even if in poor taste, when his statements are viewed in the full context of the radio show, Crain’s theories are mere conjecture. Samples and Crain also invited the audience to make up their own minds, with Crain stating at one point, ‘I’m actually asking for people not to believe me, to prove it to yourself.’” In the opinion, the Court added: “Because of the concern defamation actions should not curtail otherwise constitutionally protected free speech, opinions are not actionable.”

As a result, the Court reversed the trial court’s judgment, dismissed all claims against our client, and remanded the case for determination of attorney’s fees and sanctions in accordance with its opinion. The Appellate Court subsequently denied a motion for rehearing filed by the plaintiffs/appellees.

“This case is a critical victory for open dialogue and responsible journalism,” said Bob Latham. “The court’s decision reaffirms the importance of protecting free speech, even when discussing sensitive topics. Our client simply provided a platform for a differing viewpoint, with both the host and guest clearly stating these were opinions.”

The case is Chris Samples, Individually and General Manager of Chris Samples Broadcasting, Inc. d/b/a KXDJ Radio Station v. Estate of Thomas Brown, No. 07-23-00225-CV, in the Seventh Court of Appeals of Texas, on appeal from the 99^th District Court in Lubbock County, Texas.

Meet the Team

Robert P. Latham has developed nationally recognized experience in the areas of commercial litigation, media law, and intellectual property. Bob’s Media Law practice has involved representation of international, national, and local media clients at the trial court and appellate court level regarding libel, invasion of privacy, newsgathering, access to information, prior restraints, right of publicity, and pre-publication review. Since 2007, Bob has been named among The Best Lawyers in America in the areas of Litigation – First Amendment, Commercial Litigation, and Litigation – Intellectual Property, among other categories. Bob is a fellow of the American College of Trial Lawyers, a member of the American Board of Trial Advocates and the International Association of Defense Counsel, and the Chairman of the International Board of ARTICLE 19. He has also served as a Governing Committee member of the ABA Forum on Communications Law and a former president of the Media Law Resource Center Defense Counsel Section.

Michael Murtha is an attorney in the Trial & Appellate Litigation and Investigations & White Collar Defense practices of Jackson Walker’s Dallas office. As a former federal clerk at both the trial and appellate levels, Michael draws on his prior experience in the federal judiciary to advise and defend corporations and individuals facing complex criminal and civil accusations at the pre-trial, trial, and appellate levels in federal court. In addition to Michael’s white collar and investigations docket, Michael also has a robust civil docket, representing companies and individuals facing antitrust, False Claims Act, defamation, breach of contract, and fraud claims. In 2024, Michael was named a “One to Watch” by Best Lawyers (Woodward/White Inc.) for Commercial Litigation.

Meet JW

Founded in 1887, Jackson Walker has grown to become the largest law firm in the state of Texas. With about 30% of the firm’s more than 500 attorneys practicing litigation, Jackson Walker has one of the largest trial practices in the Southwest and has been identified among the top law firms “Most Feared in Litigation” by BTI Consulting Group since 2022. Our Media Law group has also been recognized among the top firms in the U.S. for First Amendment Litigation in the Chambers USA Guide since 2021. To learn more about the team’s experience defending First Amendment rights, visit the Trial & Appellate Litigation and Media Law practice pages.