# State ex rel. Lincoln Journal, Inc. v. Hustead

> West Virginia Supreme Court · May 2, 2011 · 228 W. Va. 17

URL: https://www.frixlaw.com/law-library/cases/8182596

## Case

- **Full name:** STATE of West Virginia ex rel. The LINCOLN JOURNAL, INC., Thomas A. Robinson, Individually, and Ron Gregory, Individually v. Honorable F. Jane HUSTEAD, Judge of the Circuit Court of Cabell County and Timothy Butcher and Bobby Adkins
- **Court:** West Virginia Supreme Court
- **Decided:** May 2, 2011
- **Citations:** 228 W. Va. 17; 716 S.E.2d 507; 39 Media L. Rep. (BNA) 1721; 2011 W. Va. LEXIS 25
- **Precedential status:** Published
- **Opinion:** Concurrence by Ketchum
- **Judges:** File, Ketchum, Reserves, Right
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8182596

## Opinion text

KETCHUM, J.,
concurring:
I completely agree with the majority’s opinion. I write separately to emphasize that speech like that used by the Lincoln Journal is entitled to special protection in the courts.
Debate on matters of public concern should be “uninhibited, robust, and wide-open.” 1 This is because “speech concerning public affairs is more than self-expression; it is the essence of self-government.” 2 The U.S. Supreme Court has therefore repeatedly emphasized that speech on matters of public issues occupies the “highest rung of the hierarchy of First Amendment values,” 3 and is entitled to special protection.
“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and ... inflict great pain_[But] as a Nation we have chosen ... to protect even hurtful speech on public issues to ensure that we do not stifle public debate.” 4
I therefore whole-heartedly concur with the majority’s decision.
. New York Times Co. v. Sullivan, 376 U.S. 254, 270 , 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964).
. Garrison v. Louisiana, 379 U.S. 64, 74-75 , 85 S.Ct. 209 , 13 L.Ed.2d 125 (1964).
. Connick v. Myers, 461 U.S. 138, 145 , 103 S.Ct. 1684 , 75 L.Ed.2d 708 (1983).
. Snyder v. Phelps, 562 U.S. -, -, 131 S.Ct. 1207, 1220 , 179 L.Ed.2d 172 (2011).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8182596. Public record. Not legal advice.