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Case No. 20-0563

Richard Bauer, Individually and as Trustee for the Kendall Bauer Trust
v.
Bradley R. Brinkman

Richard Bauer seeks further review of the court of appeals opinion that determined Bradley R. Brinkman’s statements regarding Bauer being a “slumlord” posted on Facebook were those of opinion and therefore, protected by the First Amendment.

County:
Woodbury

Applicant

Richard Bauer, Individually and as Trustee for the Kendall Bauer Trust

Resisters

Bradley R. Brinkman

Attorneys for Applicant

Harold K. Widdison

Attorneys for Resisters

Ryland Deinert
Rene Charles Lapierre

Supreme Court

Oral Argument Schedule

Non-Oral

Mar 24, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
20-0563
Date Published:
Apr 16, 2021
Date Amended:
Jun 22, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0563
Date Published:
Nov 30, 2020
Summary

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            Richard Bauer filed a defamation suit over comments Bradley Brinkman made on Facebook.  The district court denied Bauer’s motion for partial summary judgment and granted Brinkman’s motion for summary judgment.  OPINION HOLDS: Brinkman’s comments may have been vulgar, offensive, insulting, and just plain rude, but they did not rise to the level of defamatory statements because they were expressions of opinion protected by the first amendment.  Finding the statements at issue did not constitute defamation, we affirm the district court’s denial of Bauer’s motion for summary judgment and grant of summary judgment to Brinkman.

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