21 Ohio opinions name it 3 courts 1996–2026 4 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Yeager v. Local Union 20, Teamsters, Chauffeurs, Warehousemen & Helpers of Americagreen2 sentences2023The innocent construction rule provides that “if allegedly defamatory words are susceptible to two meanings, one defamatory and one innocent, the defamatory meaning should be rejected, and the innocent meaning adopted.” Yeager v. Local Union 20, Teamsters, 6 Ohio St.3d 369, 372 , 453 N.E.2d 666 (1983). 2023The innocent construction rule provides that “if allegedly defamatory words are susceptible to two meanings, one defamatory and one innocent, the defamatory meaning should be rejected, and the innocent meaning adopted.” Yeager v. Local Union 20, Teamsters, 6 Ohio St.3d 369, 372 , 453 N.E.2d 666 (1983). | 5 | 14 |
McKimm v. Ohio Elections Commissiongreen2 sentences2017No. 03AP-586, 2004-Ohio-2504 , 2004 WL 1109849 , ¶ 46, quoting McKimm v. Ohio Elections Comm. , 89 Ohio St.3d 139 , 146, 729 N.E.2d 364 (2000). {¶ 40} We do not agree that the innocent construction rule applies in this case for two reasons. 2017No. 03AP-586, 2004-Ohio-2504 , 2004 WL 1109849 , ¶ 46, quoting McKimm v. Ohio Elections Comm. , 89 Ohio St.3d 139 , 146, 729 N.E.2d 364 (2000). {¶ 40} We do not agree that the innocent construction rule applies in this case for two reasons. | 2 | 5 |
Mendise v. Plain Dealer Publishing Co.green2 sentences2016See Mendise, 69 Ohio App.3d 721 at 726 , 591 N.E.2d 789 . {¶64} While we do not condone the sensationalistic tone of the broadcast, we hold that the challenged statement was not, as a matter of law, defamatory. 2016See Mendise, 69 Ohio App.3d 721 at 726 , 591 N.E.2d 789 . {¶64} While we do not condone the sensationalistic tone of the broadcast, we hold that the challenged statement was not, as a matter of law, defamatory. | 2 | 2 |
Van Deusen v. Baldwingreen2 sentences2015We agree. {¶41} The “innocent construction rule” provides: “If allegedly defamatory words are susceptible to two meanings, one defamatory and one innocent, the defamatory meaning should be rejected, and the innocent meaning adopted.” Yeager v. Local Union 20, 6 Ohio St.3d 369, 372 , 453 N.E.2d 666 (1983); see also Van Deusen v. Baldwin, 99 Ohio App.3d 416, 419 , 650 N.E.2d 963 (9th Dist.1994). 2015We agree. {¶41} The “innocent construction rule” provides: “If allegedly defamatory words are susceptible to two meanings, one defamatory and one innocent, the defamatory meaning should be rejected, and the innocent meaning adopted.” Yeager v. Local Union 20, 6 Ohio St.3d 369, 372 , 453 N.E.2d 666 (1983); see also Van Deusen v. Baldwin, 99 Ohio App.3d 416, 419 , 650 N.E.2d 963 (9th Dist.1994). | 2 | 2 |
Sweitzer v. Outlet Communications, Inc.green2 sentences2017Under the innocent-construction rule, “if an utterance is reasonably susceptible to both a defamatory and an innocent meaning, as a matter of law, the innocent meaning is to be adopted.” Id. {¶13} Plaintiff claims that Bouska uttered defamatory statements alleging that plaintiff did not perform her job duties because of bias or prejudice regarding “Spanish people” in the communities that were being assessed. 2016Franklin No. 12AP-624, 2013-Ohio-2660 , ¶ 14, Ohio law also follows the innocent construction rule with respect to defamatory statements, which provides that “if an utterance is reasonably susceptible to both a defamatory and an innocent meaning, as a matter of law, the innocent meaning is to be adopted.” Sweitzer v. Outlet Communications, Inc., 133 Ohio App.3d 102, 112 , 726 N.E.2d 1084 (10th Dist.1999), citing Yeager v. Local Union 20, 6 Ohio St.3d 369, 372 (1983). | 1 | 3 |
Portia Boulger v. James Woodsgreen1 sentence2026“If an alleged defamatory statement is unambiguous, whether it is defamatory per se is a question of law for the court to determine.” Sullins, 2013- Ohio-3530 at ¶ 17 (8th Dist.), citing Gosden, 116 Ohio App.3d at 207 (9th Dist. 1996), citing Becker v. Toulmin, 165 Ohio St. 549 , 555 (1956) (“[W]here words of a publication are not uncertain and ambiguous as to their definition, it is a question for the court whether they constitute libel per se.”). “‘Ohio follows the innocent construction rule in adjudging defamatory statements.’” Boulger v. Woods, 917 F.3d 471, 483 (6th Cir. 2019), quoting Ne | 1 | 1 |
Hamilton v. Gannett Co., Inc.green1 sentence2025Hamilton v. Gannett Co., 2020-Ohio-6771, ¶ 27 (5th Dist.). {¶60} Expression of opinion is generally immune from liability under the Ohio and U.S. Constitution. | 1 | 1 |
United States v. Brackeengreen2 sentences2019The court found the similarities sufficient that a person who “only knew the plaintiff casually, or who had not seen him in some time might reasonably believe that the article concerned the plaintiff * * *.” Id. 6 OHIO FIRST DISTRICT COURT OF APPEALS {¶17} Ultimately, the court in Smith granted summary judgment for the defendant due to the innocent-construction rule, and because the article contained a clear disclaimer that all names in the article were fictitious. 2019Id. at 1274. {¶18} Philpot admits that the novel is a thinly-veiled autobiography. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Thomas E. England v. Automatic Canteen Company of America
green
1 sentence2026The “innocent construction rule” provides, “if allegedly defamatory words are susceptible to two meanings, one defamatory and one innocent, the defamatory meaning should be rejected, and the innocent meaning adopted.” Yeager v. Local Union 20, Teamsters, 6 Ohio St.3d 369, 372 (1983), citing England v. Automatic Canteen Co., 349 F.2d 989 (6th Cir. 1965). | 1 | 2026–2026 |
Roe v. Heap, Unpublished Decision (5-11-2004)
green
1 sentence2017No. 03AP-586, 2004-Ohio-2504 , 2004 WL 1109849 , ¶ 46, quoting McKimm v. Ohio Elections Comm. , 89 Ohio St.3d 139 , 146, 729 N.E.2d 364 (2000). {¶ 40} We do not agree that the innocent construction rule applies in this case for two reasons. | 1 | 2017–2017 |
Walter Pestrak v. Ohio Elections Commission
green
1 sentence2008In Pestrak v. Ohio Elections Comm. (C.A.6, 1991), 926 F.2d 573 , 577 , the Sixth Circuit Court of Appeals concluded R.C. 3599.091 (B)(10), currently codified as R.C. 3517.21 (B)(10), is not unconstitutional on its face. | 1 | 2008–2008 |
Sethi v. Wfmj Television Inc.
green
1 sentence2004Sethi, 134 Ohio App.3d at 808 . | 1 | 2004–2004 |
Robb v. Lincoln Publishing (Ohio), Inc.
green
2 sentences1999See, e.g., Van Deusen v. Baldwin (1994), 99 Ohio App.3d 416, 419 , 650 N.E.2d 963, 964 ; Robb v. Lincoln Publishing (Ohio), Inc. (1996), 114 Ohio App.3d 595, 618 , 683 N.E.2d 823, 838 ; and Leal v. Holtvogt (1998), 123 Ohio App.3d 51, 81 , 702 N.E.2d 1246, 1265-1266 . 1999See, e.g., Van Deusen v. Baldwin (1994), 99 Ohio App.3d 416, 419 , 650 N.E.2d 963, 964 ; Robb v. Lincoln Publishing (Ohio), Inc. (1996), 114 Ohio App.3d 595, 618 , 683 N.E.2d 823, 838 ; and Leal v. Holtvogt (1998), 123 Ohio App.3d 51, 81 , 702 N.E.2d 1246, 1265-1266 . | 1 | 1999–1999 |
Oney v. Allen
green
2 sentences1999Appellants also aver that the statements at issue were not privileged under R.C. 2317.05, which provides: “The publication of a fair and impartial report of the * * * filing of any affidavit, pleading, or other document in any criminal or civil cause in any court of competent jurisdiction, or of a fair and impartial report of the contents thereof, is privileged, unless it is proved that the same was published maliciously * * In order to avail himself of the privileges under R.C. 2317.05, the party asserting the privilege must demonstrate that “the publication is a substantially accurate report 1999Appellants also aver that the statements at issue were not privileged under R.C. 2317.05, which provides: “The publication of a fair and impartial report of the * * * filing of any affidavit, pleading, or other document in any criminal or civil cause in any court of competent jurisdiction, or of a fair and impartial report of the contents thereof, is privileged, unless it is proved that the same was published maliciously * * In order to avail himself of the privileges under R.C. 2317.05, the party asserting the privilege must demonstrate that “the publication is a substantially accurate report | 1 | 1999–1999 |
Scott v. News-Herald
green
2 sentences1999As Justice Locher, writing for the court, cautioned in Scott , ‘the totality of the circumstances test * * * can only be used as a compass to show general direction and not a map to set rigid boundaries.’ Id. [ 25 Ohio St.3d at 250 , 25 OBR at 308, 496 N.E.2d at 706 .]” *808 In offering the foregoing discussion, the Ohio Supreme Court did not overrule the innocent construction rule as suggested by appellants, but rather, adopted a test by which to distinguish between statements of fact and those of opinion. 1999As Justice Locher, writing for the court, cautioned in Scott , ‘the totality of the circumstances test * * * can only be used as a compass to show general direction and not a map to set rigid boundaries.’ Id. [ 25 Ohio St.3d at 250 , 25 OBR at 308, 496 N.E.2d at 706 .]” *808 In offering the foregoing discussion, the Ohio Supreme Court did not overrule the innocent construction rule as suggested by appellants, but rather, adopted a test by which to distinguish between statements of fact and those of opinion. | 1 | 1999–1999 |
Vail v. Plain Dealer Publishing Co.
green
2 sentences1999Appellants further assert that the innocent-construction rule does not apply to this case as the totality of circumstances test set forth in Vail, 72 Ohio St.3d 279 , 649 N.E.2d 182 , by the Ohio Supreme Court is the applicable law. 1999Appellants further assert that the innocent-construction rule does not apply to this case as the totality of circumstances test set forth in Vail, 72 Ohio St.3d 279 , 649 N.E.2d 182 , by the Ohio Supreme Court is the applicable law. | 1 | 1999–1999 |
Leal v. Holtvogt
green
2 sentences1999See, e.g., Van Deusen v. Baldwin (1994), 99 Ohio App.3d 416, 419 , 650 N.E.2d 963, 964 ; Robb v. Lincoln Publishing (Ohio), Inc. (1996), 114 Ohio App.3d 595, 618 , 683 N.E.2d 823, 838 ; and Leal v. Holtvogt (1998), 123 Ohio App.3d 51, 81 , 702 N.E.2d 1246, 1265-1266 . 1999See, e.g., Van Deusen v. Baldwin (1994), 99 Ohio App.3d 416, 419 , 650 N.E.2d 963, 964 ; Robb v. Lincoln Publishing (Ohio), Inc. (1996), 114 Ohio App.3d 595, 618 , 683 N.E.2d 823, 838 ; and Leal v. Holtvogt (1998), 123 Ohio App.3d 51, 81 , 702 N.E.2d 1246, 1265-1266 . | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.