Oklahoma Statutes
Okla. Stat. tit. 12, § 1443 (2026)
Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
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1980.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1955–2023 · leading case: Wright v. Haas, 586 P.2d 1093 (Okla. 1978).
Wright v. Haas, 586 P.2d 1093 (Okla. 1978). “Modern statutory sections of 12 O.S.1971, § 1443 and § 1445 establish a statutory presumption of malice on the part of one publishing a defamatory or injurious statement.”
Kirschstein v. Haynes, 788 P.2d 941 (Okla. 1990). “1976) we held certain portions of our State statutory libel and slander laws unconstitutional insofar as the legislative creation of presumed malice was concerned.”
Medico, Philip T. v. Time, Inc, 643 F.2d 134 (3d Cir. 1981). “04-05 (Page 1953); Okla.Stat. tit. 12, § 1443 (1971), other states grant the privilege only to specified press defendants, see, e.”
Martin v. Griffin Television, Inc., 549 P.2d 85 (Okla. 1976). “We find the following sections or portions thereof unconstitutional : 12 O.S.1971, § 1443 as to that part which provides: “In all cases of publication of matter not privileged under this section, malice shall be presumed from the publication, unless the fact and the testimony…”
Winters v. Morgan, 576 P.2d 1152 (Okla. 1978). “12 O.S.1971, § 1443, provides in part as follows: “ * * * Third.”
Fawcett Publications, Inc. v. Morris, 377 P.2d 42 (Okla. 1962). “Our statutory definition of “privileged publication” (12 O.S.1961 § 1443) refers to the type of privilege commonly called absolute.”
Presson v. Bill Beckman Co., 898 P.2d 179 (Okla. Civ. App. 1995). “Pledger defended claiming that the communication was absolutely privileged pursuant to 12 O.S.1951 § 1443 (First) as one made in “any legislative or judicial proceeding or any other proceeding authorized by law.”
State ex rel. Oklahoma Bar Ass'n v. Nix, 295 P.2d 286 (Okla. 1956). “We also observe the statute 12 O.S.1951 § 1443 dealing with Libel and Slander which sets out the privilege applicable to publications or communications made in any legislative proceeding.”
Morgan v. Winters, 594 P.2d 1220 (Okla. 1979). “As “actual malice” is not and cannot be presumed in libel actions involving public officials or public figures, and as the trial court engaged in such a presumption in granting a judgment, we must reverse the summary judgment entered by the trial court and remand the case for…”
Nicholas v. Oklahoma City Mailer's Union No. 30, 285 P.2d 399 (Okla. 1955). “12 O.S.1951 § 1443. We find no basis in plaintiff’s evidence, and defendants point out none, that would warrant holding that, they had an “absolute” privilege arising from a duty to readers of The Advertiser to communicate to them statements such as were contained in the…”
Thompson v. Newspaper Printing Corp., 325 P.2d 945 (Okla. 1958). “is a false or malicious unprivileged publication by writing, printing, picture, or effigy or other fixed representation to the eye, which exposes any person to public hatred, contempt, ridicule or obloquy, or which tends to deprive him of public confidence, or to injure him in…”
Chimento v. Gallagher Benefit Servs., 2023 OK 22, 533 P.3d 748. “2d 792 12 O.S.1951 § 1443 Id . ¶ 1, 334 P.2d at 793 .”
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