Read v. Phoenix Newspapers, Inc., 819 P.2d 939 (Ariz. 1991). · Go Syfert
Read v. Phoenix Newspapers, Inc., 819 P.2d 939 (Ariz. 1991). Cases Citing This Book View Copy Cite
127 citation events (113 in the last 25 years) across 9 distinct courts.
Strongest positive: Yi Rong v. State of Arizona, et al. (azd, 2026-01-29)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Yi Rong v. State of Arizona, et al.
D. Ariz. · 2026 · quote attribution · 1 verbatim quote · confidence high
substantial truth is an absolute defense to a 28 1 defamation action in arizona.
examined Cited as authority (verbatim quote) Burton v. Arizona Department of Public Safety (2×) also: Cited as authority (rule)
D. Ariz. · 2025 · quote attribution · 1 verbatim quote · confidence high
the issue is whether the 'gist' or 'sting' of the 16 statements published in the republic would have made a material difference to a reader 17 had the newspaper published the literal truth of read's conviction and sentence. we 18 believe it would not have made such a difference
examined Cited as authority (verbatim quote) Coffey v. Core Civic America
D. Ariz. · 2020 · quote attribution · 1 verbatim quote · confidence high
substantial truth 6 is an absolute defense to a defamation action in arizona. slight inaccuracies will not 7 prevent a statement from being true in substance, as long as the 'gist' or 'sting' of the 8 publication is justified.
discussed Cited as authority (verbatim quote) Emmitt Thompson v. Dignity Health
9th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
slight inaccuracies will not prevent a statement from being true in substance, as long as the 'gist' or 'sting' of the publication is justified.
examined Cited as authority (verbatim quote) Cody Lundin v. Discovery Communications (2×) also: Cited as authority (rule)
9th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
we conclude that the 'sting' of the two versions is not substantially different and therefore, had the published statements contained an accurate account 2 of the conviction and sentence, there would not have been any less damage to read's reputation.
examined Cited as authority (verbatim quote) John Doe v. Mahoney (6×) also: Cited "see"
Ariz. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
slight inaccuracies will not prevent a statement from being true in substance, as long as the 'gist' or 'sting' of the publication is justified.
examined Cited as authority (quoted) McCarty v. Egnor
D. Ariz. · 2021 · quote attribution · 1 verbatim quote · confidence low
substantial truth is an absolute defense to a defamation action in arizona. 2 slight inaccuracies will not prevent a statement from being true in substance, as long as the 3 'gist' or 'sting' of the publication is justified.
discussed Cited as authority (quoted) Nanji v. National Geographic Society
D. Maryland · 2005 · quote attribution · 1 verbatim quote · confidence low
firing a gun" substituted for "exhibiting a gun.
cited Cited as authority (rule) MALONEY v. DEMOFF
Ariz. Ct. App. · 2026 · confidence medium
Newspapers, Inc., 169 Ariz. 353, 356 (1991). ¶3 Maloney and Demoff were involved in an intimate relationship from the 1990s until the late 2000s.
discussed Cited as authority (rule) AUTO JUNCTION v. KALUZHIN (2×) also: Cited "see"
Ariz. Ct. App. · 2026 · confidence medium
Decision of the Court ¶10 This Court reviews summary judgment de novo and upholds it “when no genuine issue of material fact exists.” Read v. Phoenix Newspapers, Inc., 169 Ariz. 353, 356 (1991).
cited Cited as authority (rule) LeTip World Franchise LLC v. Long Island Social Media Group LLC
D. Ariz. · 2025 · confidence medium
Read v. Phx. 10 Newspapers, Inc., 819 P.2d 939, 941 (Ariz. Ct. App. 1991).
discussed Cited as authority (rule) Hartzell v. Marana Unified School District
9th Cir. · 2025 · confidence medium
First, “[w]hile any disparaging statement can cause reputational harm, a true statement cannot support a claim for defamation.” Id. (citing Read v. Phoenix Newspapers, Inc., 819 P.2d 939, 941 (Ariz. 1991) (in banc)).
cited Cited as authority (rule) Ruggeroli v. Residential Real Estate Council
D. Ariz. · 2024 · confidence medium
Newspapers, Inc., 24 169 Ariz. 353, 355 (1991).2 Defamation can be per se or per quod.
discussed Cited as authority (rule) Hoenack v. Gannett (2×) also: Cited "see"
Ariz. Ct. App. · 2023 · confidence medium
Newspapers, Inc., 169 Ariz. 353, 355 (1991) (citation omitted).
discussed Cited as authority (rule) McCoy v. Hassen
Ariz. Ct. App. · 2022 · confidence medium
Courts serve this gatekeeper function because “the expense of defending a meritless defamation case could have a chilling effect on First Amendment rights.” Read v. Phoenix Newspapers, Inc., 169 Ariz. 353, 357 (1991) (citations omitted); accord BLK III, LLC v. Skelton, 252 Ariz. 583 , 587-88, ¶ 11 (App. 2022). ¶31 As we have recognized, see supra ¶ 17, a plaintiff who is a public official or figure claiming defamation must prove not only that a defendant published a false and defamatory statement concerning the plaintiff, but did so with actual malice, i.e., with knowledge the statement…
cited Cited as authority (rule) Stuart v. Scottsdale, City of
D. Ariz. · 2022 · confidence medium
Newspapers, Inc., 169 Ariz. 353, 355 (1991).
discussed Cited as authority (rule) Blk III, LLC v. Skelton
Ariz. Ct. App. · 2022 · confidence medium
Nonetheless, because “the expense of defending a meritless defamation case” can have “a chilling effect on First Amendment rights,” Read v. Phoenix Newspapers, Inc., 169 Ariz. 353, 357 (1991), “the superior court must act as [a] gatekeeper protecting the right to free speech” from encroachment.
discussed Cited as authority (rule) Takieh M.D. v. O'Meara M.D.
Ariz. Ct. App. · 2021 · confidence medium
Nonetheless, because “the expense of defending a meritless defamation case” can have “a chilling effect on First Amendment rights,” Read v. Phoenix Newspapers, Inc., 169 Ariz. 353, 357 (1991), “the superior court must act as gatekeeper protecting the right to free speech” from encroachment.
discussed Cited as authority (rule) Rynn v. First Transit Incorporated
D. Ariz. · 2021 · confidence medium
Godbehere, 783 P.2d at 787 ; Read v. Phoenix Newspapers 10 Inc., 819 P.2d 939, 941 (1991). 11 For these reasons, the Court will grant Defendant’s Motion for Summary Judgment 12 on Mr. Rynn’s claim for defamation. 13 B.
cited Cited as authority (rule) Tarter v. Bendt
Ariz. Ct. App. · 2021 · confidence medium
Newspapers, Inc., 169 Ariz. 353, 355 (1991).
discussed Cited as authority (rule) Peterson v. Burke
D. Ariz. · 2020 · confidence medium
And “[s]ubstantial truth is an absolute defense to a defamation action in 5 Arizona.” Read v. Phoenix Newspapers, Inc., 169 Ariz. 353, 355 (1991). 6 Plaintiff also argues that Defendants “intentionally omitted the fact that Peterson re- 7 enrolled in a well-respected academic institution, Harvard University, and became a degree 8 candidate there, in his 30’s.” (Doc. 68 at 43.) But Defendants “had no obligation to present 9 the context [Plaintiff] would have preferred.” Lundin v. Discovery Commc’ns Inc., 352 F. 10 Supp. 3d 949, 962 (D.
discussed Cited as authority (rule) Rogers v. Hon Mroz
Ariz. Ct. App. · 2020 · confidence medium
This requirement “is rooted in the notion that the expense of defending a meritless defamation case could have a chilling effect on First Amendment rights.” Read v. Phoenix Newspapers, Inc., 169 Ariz. 353, 356 (1991).
discussed Cited as authority (rule) Udd v. Phoenix, City of
D. Ariz. · 2020 · confidence medium
In 17 Defendants’ motion for summary judgment, they identify only one reason why the incident 18 reports cannot be considered defamatory: because statements made to a prosecuting 19 attorney concerning violations of criminal law are “absolutely privileged.” (Doc. 98 at 14.) 20 26 Read v. Phoenix Newspapers, Inc., 819 P.2d 939, 941 (Ariz. 1991) (“In a civil action 21 for libel, the truth of the contents of the allegedly libelous statement is a complete defense.
discussed Cited as authority (rule) Lawrence v. Altice USA
D. Conn. · 2020 · confidence medium
The court noted that at the time of the plaintiff’s offense, the court had described the offense as “almost stalking”; that at the time of the offense, both stalking and harassment were misdemeanors (now stalking was a felony); and that, despite the distinction between the two crimes, “both terms describe similar repeated, unsolicited behavior.” See id; see also Simonson v. United Press Int’l, Inc., 654 F.2d 478 , 481–82 (7th Cir. 1981) (no defamation when “rape” used even though crime was second-degree sexual assault because “rape,” as understood in common usage, truthfu…
cited Cited as authority (rule) True North v. Lai
Ariz. Ct. App. · 2019 · confidence medium
Read v. Phoenix Newspapers, Inc., 169 Ariz. 353, 355 (1991).
cited Cited as authority (rule) Lundin v. Discovery Commc'ns Inc.
D. Ariz. · 2018 · confidence medium
Read , 819 P.2d at 942 (accurate article would not have caused "any less damage to Read's reputation").
discussed Cited as authority (rule) Kahn v. Arizona Cvs (2×)
Ariz. Ct. App. · 2017 · confidence medium
Newspapers, Inc., 169 Ariz. 353, 355 , 819 P.2d 939, 941 (1991) (citation omitted).
cited Cited as authority (rule) Phonejockey v. Rinella
Ariz. Ct. App. · 2016 · confidence medium
Read v. Phoenix Newspapers, Inc., 169 Ariz. 353, 355 (1991).
discussed Cited as authority (rule) Brandon Darby v. the New York Times Company and James C. McKinley, Jr. (2×)
Tex. App. · 2015 · confidence medium
See Casso, 776 S.W.2d at 556 . 2 See Pemberton v. Birmingham News Co., 482 So. 2d 257, 260 (Ala. 1985); Read v. Phoenix Newspapers, Inc., 169 Ariz. 353 , 819 P.2d 939, 942 (Ariz. 1991)(en banc); Southall v. Little Rock Newspapers, Inc., 332 Ark. 123 , 964 S.W.2d 187, 193 (Ark. 1998); Reader’s Digest Ass’n v. Superior Court, 37 Cal. 3d 244 , 690 P.2d 610, 614 , 208 Cal. Rptr. 137 (Cal. 1984)(en banc); DiLeo v. Koltnow, 200 Colo. 119 , 613 P.2d 318, 323 (Colo. 1980)(en banc); Gardner v. Boatright, 216 Ga. App. 755 , 455 S.E.2d 847, 848 (Ga. Ct. App. 1995); Jenkins v. Liberty Newspapers Ltd.
cited Cited as authority (rule) Alexander v. Bill Lukie
Ariz. Ct. App. · 2014 · confidence medium
Newspapers, Inc., 169 Ariz. 353, 355 , 819 P.2d 939, 941 (1991) (internal citations omitted).
cited Cited as authority (rule) Chilton v. Center for Biological Diversity, Inc.
Ariz. Ct. App. · 2006 · confidence medium
“Substantial truth is an absolute defense to a defamation action in Arizona.” Read v. Phoenix Newspapers, Inc., 169 Ariz. 353, 355 , 819 P.2d 939, 941 (1991).
discussed Cited as authority (rule) Patterson v. Atlantic Research Marketing Systems, Inc.
9th Cir. · 2002 · confidence medium
Under Arizona law, it is a complete defense to a charge of defamation that the published statements are “substantially true.” Read v. Phoenix Newspapers, Inc., 169 Ariz. 353 , 819 P.2d 939, 941 (Ariz.1991) (en banc).
examined Cited as authority (rule) Huckabee v. Time Warner Entertainment Co. (4×)
Tex. · 2000 · confidence medium
See Casso, 776 S.W.2d at 556 . [2] See Pemberton v. Birmingham News Co., 482 So.2d 257, 260 (Ala.1985); Read v. Phoenix Newspapers, Inc., 169 Ariz. 353 , 819 P.2d 939, 942 (1991)(en banc); Southall v. Little Rock Newspapers, Inc., 332 Ark. 123 , 964 S.W.2d 187, 193 (1998); Reader's Digest Ass'n v. Superior Court, 37 Cal.3d 244 , 208 Cal.Rptr. 137 , 690 P.2d 610, 614 (1984)(en banc); DiLeo v. Koltnow, 200 Colo. 119 , 613 P.2d 318, 323 (1980)(en banc); Gardner v. Boatright, 216 Ga.App. 755 , 455 S.E.2d 847, 848 (1995); Jenkins v. Liberty Newspapers Ltd.
discussed Cited "see" Towers v. Bentz
Ariz. Ct. App. · 2023 · signal: see · confidence high
See Sign Here Petitions LLC v. Chavez, 243 Ariz. 99 , 107, ¶ 30 (App. 2017) (“In an action for defamation, ‘the truth of the contents of . . . [a] statement is a complete defense.’”) (quoting Read v. Phoenix Newspapers, Inc., 169 Ariz. 353, 355 (1991)).
discussed Cited "see" Hartzell v. Marana Unified School District
D. Ariz. · 2023 · signal: see · confidence high
See New York 28 Times Co. v. Sullivan, 376 U.S. 254 (1964) (heightened pleading standard requiring Plaintiff to show actual malice in certain situations). 1 judgment in a defamation case, the plaintiff must present evidence ‘sufficient to establish 2 a prima facie case with convincing clarity.’” Sign Here Petitions LLC, 402 P.3d at 462 3 (emphasis added) (quoting Read v. Phoenix Newspapers, Inc., 819 P.2d 939 , 942–43 (Ariz. 4 1991)).
examined Cited "see" Sign Here v. Chavez (4×)
Ariz. Ct. App. · 2017 · signal: see · confidence high
See City of Tempe v. Outdoor Sys., Inc., 201 Ariz. 106, 111, ¶ 14 (App. 2001). ¶14 To defeat a defendant’s motion for summary judgment in a defamation case, the plaintiff must present evidence “sufficient to establish a prima facie case with convincing clarity.” Read v. Phoenix Newspapers, Inc., 169 Ariz. 353 , 356–57 (1991) (emphasis added).
examined Cited "see" Currier v. Western Newspapers, Inc. (4×)
Ariz. · 1993 · signal: see · confidence high
See Read v. Phoenix Newspapers Inc., 169 Ariz. 353, 355 , 819 P.2d 939, 941 (1991).
discussed Cited "see, e.g." Medical Laboratory Management Consultants v. American Broadcasting Companies (2×)
D. Ariz. · 1998 · signal: see also · confidence low
In Currier v. Western Newspapers, Inc., 175 Ariz. 290 , 855 P.2d 1351, 1354 (Ariz.1993), the Arizona Supreme Court held: the defense of substantial truth recognizes that ‘slight inaccuracies of expression are immaterial’ if the alleged defamatory statement is ‘true in substance.’ A technically false statement may nonetheless be considered substantially true if, viewed ‘through the eyes of the average reader,’ it differs from the truth only in ‘insignificant details.’ (citations omitted); see also, Read v. Phoenix Newspapers, Inc., 169 Ariz. 353 , 819 P.2d 939, 941 (Ariz.1991) (…
Thane READ, a Single Man, Plaintiff/Appellant, Cross-Appellee,
v.
PHOENIX NEWSPAPERS, INC., an Arizona Corporation; The Arizona Republic, an Arizona Corporation; The Phoenix Gazette, an Arizona Corporation; Lori Roberts and John Doe Roberts, Her Husband; And Don Harris and Jane Doe Harris, His Wife, Defendants/Appellees, Cross-Appellants
CV-90-0499-PR.
Arizona Supreme Court.
Oct 31, 1991.
819 P.2d 939
1991 Ariz. LEXIS 84
Bayham, Beucler, Reckling & Brown, P.C. by Alan Bayham, Phoenix, for plaintiff/appellant, cross-appellee., Gust, Rosenfeld & Henderson by James F. Henderson, Terrance C. Mead, Phoenix, for defendants/appellees, cross-appellants.
Gordon, Feldman, Cameron, Moeller, Corcoran.
Cited by 41 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 89%
Citer courts: D. Arizona (1) · D. Maryland (1)

OPINION

GORDON, Chief Justice.

Phoenix Newspapers, Inc. (PNI) petitioned for review after the court of appeals reversed the trial court’s grant of summary judgment in favor of The Arizona Republic, a PNI publication. 167 Ariz. 241, 805 P.2d 1062. We granted review to determine whether the statements printed by the newspaper regarding respondent Thane Read (Read) were substantially true and, if so, whether the court of appeals erred in reversing the grant of summary judgment. We have jurisdiction pursuant to Ariz. Const, art. 6, § 5(3), and A.R.S. § 12-120.-24.

FACTUAL AND PROCEDURAL HISTORY

This suit concerns statements printed by PNI regarding a 1974 incident involving Read. In 1988, Read ran an unsuccessful primary campaign for election to the United States House of Representatives. During the campaign, PNI, which publishes both The Arizona Republic and The Phoenix Gazette, ran several statements concerning Read’s candidacy. We only concern ourselves with the statements published in The Republic. 1 The Republic published its first statement on August 8, 1988. The statement read:

In 1974, Read was sentenced to 24 hours in jail on a misdemeanor charge for firing a gun after a motorist accidentally leaned on a car horn.

The second statement at issue, published by The Republic on September 11, read:

[*355] In 1974, Read was sentenced to 24 hours in jail on a misdemeanor charge when he fired a gun after a motorist accidentally leaned on her horn.

Read requested that the newspaper retract the statements. When it did not, he sued for libel, arguing that he was not charged or convicted of “firing a gun after a motorist accidentally leaned on a car horn” as the August 8th statement claimed, nor sentenced to 24 hours in jail on a misdemeanor charge for firing a gun after a motorist accidentally leaned on a car horn, as stated in the paper on September 11th, but that he was actually convicted of displaying a weapon, not in self-defense, and sentenced to one day in jail.

The trial court granted summary judgment for PNI. It also denied PNI’s request for attorney’s fees. The court of appeals reversed the trial court’s grant of summary judgment regarding the two statements published by The Arizona Republic. It denied PNI’s request for attorney's fees on appeal.

DISCUSSION

The issue in this defamation case is whether the statements published by PNI were substantially true. If so, we must determine whether the court of appeals erred in reversing the grant of summary judgment in favor of PNI for the statements published in The Arizona Republic.

1. SUBSTANTIAL TRUTH

Read argues that the statements published by PNI are false and defamatory. In a civil action for libel, the truth of the contents of the allegedly libelous statement is a complete defense. Moreover, when proving the statement’s truth, the defendant need not prove the literal truth of every detail, but must only prove that the statements are substantially true. Substantial truth is an absolute defense to a defamation action in Arizona. Heuisler v. Phoenix Newspapers, Inc., 168 Ariz. 278, 285 n. 4, 812 P.2d 1096, 1103 n. 4 (App.1991); Fendler v. Phoenix Newspapers, Inc., 130 Ariz. 475, 479, 636 P.2d 1257, 1261 (App.1981). “Slight inaccuracies will not prevent a statement from being true in substance, as long as the “gist” or “sting” of the publication is justified.” Heuisler, 168 Ariz. at 285 n. 4, 812 P.2d at 1103 n. 4; Fendler, 130 Ariz. at 480, 636 P.2d at 1262; Prosser & Keeton, Torts § 116, at 842 (5th ed. 1984); Restatement (Second) of Torts § 581(A), comment f (1977) (“Slight inaccuracies of expression are immaterial provided that the defamatory charge is true in substance.”). Therefore, the issue is whether the “gist” or “sting” of the statements published in The Republic would have made a material difference to a reader had the newspaper published the literal truth of Read’s conviction and sentence. We believe it would not have made such a difference.

When the underlying facts are undisputed, the determination of substantial truth is a matter for the court. Fendler, 130 Ariz. at 480, 636 P.2d at 1262. In this case, the underlying fact of the conviction itself is not in dispute. Read believes this court should focus on the damage that flowed from The Republic’s statements that incorrectly identified Read’s crime, rather than the actual fact of his conviction and sentence. He argues that anyone reading the published statements received the impression that he fired a gun at a woman who had accidentally blown her horn at him, when in fact, he was not even charged with firing a gun. He argues that the publisher’s error cannot be considered a slight inaccuracy. Furthermore, Read argues that the publisher’s statements create an excessive “sting” that cannot be inferred from the literal facts. Read believes that the average reader would consider the information actually published (statements incorrectly identifying Read’s crime) more damaging to Read’s reputation than an accurate depiction of the conviction and sentence. We do not agree.

The damage to Read’s reputation stems from the fact that he served time in jail for irresponsibly using a loaded weapon. PNI accurately stated the fact of his criminal conviction and jail time. While it is not true that Read served 24 hours in jail for firing a gun after a motorist accidentally[*356] leaned on a car horn, it is true that he was convicted of exhibiting a gun not in self-defense, and the gun was admittedly discharged during a dispute with that motorist and her relatives. We conclude that the “sting” of the two versions is not substantially different and therefore, had the published statements contained an accurate account of the conviction and sentence, there would not have been any less damage to Read’s reputation. As this court has stated:

Damage to reputation flows ... from the fact that the person has been adjudged guilty of a crime by a court of law. [citation omitted] The enduring and uncontroverted fact [in this case] is that appellant had been convicted and sentenced to prison, and the substantial “sting” is the same, whether he had started his prison term or will never actually spend time in prison.

Fendler, 130 Ariz. at 480, 636 P.2d at 1262.

The court of appeals distinguished Read’s situation from that in Fendler. It found a triable issue of fact for the jury by focusing on whether The Republic incorrectly identified Read’s crime. It contended that “a jury could find that the damage to Read’s reputation that flowed from his reported conviction for firing a gun after a motorist honked her horn differed from the damage to his reputation that had already flowed from his actual conviction for exhibiting the gun.” Read v. Phoenix Newspapers, Inc., 167 Ariz. 241, 245, 805 P.2d 1062, 1066 (App.1990). We disagree and believe that the appropriate focus must be on what The Republic reported concerning Read’s conviction as compared to Read’s actual conviction.

The published statements gave a substantially true account of Read’s conviction. An incorrect identification of a person’s crime in a published report is not, by itself, a triable issue of fact for a jury, particularly when the reported crime, although technically inaccurate, is an accurate reflection of the underlying incident. Many courts have held that technical errors in legal terminology and reports involving violation of the law are of no legal consequence. See, e.g., Simonson v. United Press Int’l, Inc., 654 F.2d 478 (7th Cir.1981) (not defamatory to report person charged with rape when actually charged with second degree sexual assault); Orr v. Argus-Press Co., 586 F.2d 1108 (6th Cir.1978), cert. denied, 440 U.S. 960, 99 S.Ct. 1502, 59 L.Ed.2d 773 (1979) (the word “swindle” substituted for “defraud” not defamatory); Hovey v. Iowa State Daily Publication Bd., Inc., 372 N.W.2d 253 (Iowa 1985) (statement that criminal defendant charged with rape rather than second degree sexual assault not defamatory); Hopkins v. Keith, 348 So.2d 999 (La.App.1977) (not defamatory to report plaintiff convicted of running a gambling game when in fact he forfeited a substantial bond on the charge).

The details of the conduct underlying Read’s crime, as to whether he alone was holding the gun when it fired and whether he was convicted of exhibiting the gun or firing the gun, when considered in the context of the facts of his conviction, are not sufficient to present a triable issue as to whether Read’s reported misconduct was substantially different from his actual misconduct.

Read has provided no evidence that the inaccurate statements caused him any more damage than that which resulted from his actual conviction and sentence.

2. SUMMARY JUDGMENT STANDARD

Summary judgment should be granted when no genuine issue of material fact exists. Orme School v. Reeves, 166 Ariz. 301, 305, 802 P.2d 1000, 1004 (1990). In determining whether any genuine issue of material fact exists, we examine the facts in a light most favorable to the non-moving party. Hall v. Motorists Ins. Corp., 109 Ariz. 334, 336, 509 P.2d 604, 606 (1973); Huff v. Bekins Moving & Storage Co., 145 Ariz. 496, 497, 702 P.2d 1341, 1342 (App.1985). On a defense motion for summary judgment in a defamation case, the trial court must determine whether the plaintiff’s proffered evidence is sufficient to establish a prima facie case with convincing clarity. Mark v. Seattle Times, 96 Wash.2d 473, 485-86, 635 P.2d 1081, 1088[*357] (1981), cert. denied, 457 U.S. 1124, 102 S.Ct. 2942, 73 L.Ed.2d 1339 (1982). Placing the burden on the plaintiff to show that there is a triable issue is rooted in the notion that the expense of defending a meritless defamation case could have a chilling effect on First Amendment rights. Id. 96 Wash.2d at 485-89, 635 P.2d at 1088-89; Anderson v. Cramlet, 789 F.2d 840, note at 842 (10th Cir.1986).

The only evidence filed by Read in opposition to the motion for summary judgment is an affidavit describing the events that occurred in 1974. The affidavit simply is insufficient to meet Read’s burden of showing with convincing clarity that there is a triable issue for the jury to consider.

DISPOSITION

Because we find the statements published by The Arizona Republic to be substantially true, we hold that summary judgment in favor of PNI was appropriate. We vacate the court of appeals’ decision and affirm the trial court’s ruling.

FELDMAN, Y.C.J., and CAMERON, MOELLER and CORCORAN, JJ., concur.
1

. Read did not petition for review regarding the court of appeals’ decision affirming the summary judgment in favor of PNI with regard to an article published in The Phoenix Gazette.