TX supreme court case, calling/"joking" somebody is Gay = a defamation issue

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http://www.star-telegram.com/2012/03/18/3818710/joking-between-friends-becomes.html

[font size=5]Joking between friends becomes Texas Supreme Court case [/font]

By Elizabeth Campbell

.... "She is an evil old woman," Morris said of Van Meter.

She said, "He is lying, and all he wants is my money."

The three-year legal battle between Morris, 75, and Van Meter, 73, began when Morris sued her in 2009, alleging defamation of character and "intentional and negligent infliction of emotional distress." A District Court in Johnson County ordered Van Meter not only to pay him $5,000, but also not to make statements insinuating that Morris and his friend Glen Warren are "homosexual lovers."

The 10th Court of Appeals in Waco upheld the District Court ruling, leading Van Meter to appeal to the Texas Supreme Court, saying there isn't enough evidence to prove that she defamed him or caused him anguish. Her attorney, Norman Maples, suggests what on the surface appears to be an argument between two former friends could have First Amendment consequences about what can and can't be said in public, even in jest. The Supreme Court has not taken the case.

"If the verdict is allowed to stand, it will have the most profound and dramatic effect on conversations and free speech," Maples wrote in his brief to the Supreme Court. "It will make joking remarks, hasty words made in anger, and mischievous statements an actionable tort and turn every barbershop, tavern and small town restaurant into litigation centers." ....

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