## Facts

- KABC‑TV broadcast a 1983 opinion poll of local attorneys rating Los Angeles Superior Court criminal-law judges.
- The broadcasts reported that Judge David J. Aisenson received the lowest overall score, including an average score in the “four’s,” and described him as “the lowest ranking judge of them all.”
- The segment attributed negative assessments (e.g., knowledge of law, sentencing habits, and behavior on the bench) to the poll results and disclosed numerical scores.
- The broadcasts noted that Aisenson declined a television interview and did not allow a camera in his courtroom, and showed footage of him leaving his home.
- Aisenson alleged the broadcasts falsely implied he was incompetent and attempting to suppress coverage, and that the filming and portrayal intruded on privacy and cast him in a false light.

## Issues

1. Whether the broadcasts were actionable defamation (broadcast libel) or were constitutionally protected because they accurately reported poll results and expressed opinion on a matter of public concern.
2. Whether the broadcasts created a highly offensive false light and, if so, whether a public-official plaintiff must prove actual malice.
3. Whether Aisenson, as a sitting superior court judge, was a public official required to prove actual malice, and whether he produced evidence sufficient to create a triable issue on that element.
4. Whether filming and airing footage of Aisenson outside his home in connection with reporting on judicial performance supported an invasion-of-privacy claim.

## Decision

- The Court of Appeal affirmed summary judgment for ABC, KABC‑TV, and the individual employees.
- The court held Aisenson was a public official and the broadcasts concerned a matter of public interest: judicial performance.
- The statements were either substantially true reports of disclosed poll results or nonactionable opinion based on disclosed facts.
- Aisenson failed to produce evidence raising a triable issue that defendants acted with actual malice.
- The false-light and privacy theories failed on the same record, given the constitutional limits applicable to claims equivalent to defamation and the lack of evidence of actionable intrusion.

## Legal Principles

- A sitting judge is a public official for First Amendment purposes in claims challenging commentary about official performance.
- Public officials suing for defamation must prove actual malice: publication of a false statement with knowledge of falsity or reckless disregard for truth.
- Reporting poll results and characterizing them, when the basis and numbers are disclosed, is generally treated as substantially true reporting and/or protected opinion rather than provably false fact.
- False-light claims that are substantively equivalent to defamation are subject to the same actual-malice requirement for public officials.
- On summary judgment, once defendants show an absence of evidence on an essential element (including actual malice), the plaintiff must present evidence creating a triable issue of fact.

## Conclusion

The court upheld summary judgment for the broadcaster because criticism of a judge’s performance based on a disclosed attorney poll was protected absent proof of knowing or reckless falsity, and Aisenson, a public official, did not present evidence creating a triable issue of actual malice for his defamation, false-light, or related privacy claims.


Aisenson v. Am. Broad. Co., 220 Cal. App. 3d 146, 269 Cal. Rptr. 379 (Ct. App. 1990)