## Facts

- After a contentious divorce, Scott Weier wrote and published a 253-page memoir, *Mind, Body and Soul*, describing his life and spiritual development.
- The book included statements about Scott’s ex-wife, Beth Weier, and Beth’s father, Gail Bierman.
- Beth and Bierman alleged the book falsely portrayed them as liars, abusers, and mentally ill, and otherwise depicted Beth as a bad parent and spiteful person.
- Beth and Bierman sued Scott (the author) and Author Solutions, Inc. (ASI) (the company that produced/published the book) for libel (defamation), false-light invasion of privacy, and intentional infliction of emotional distress (IIED).
- Scott and ASI moved for summary judgment; the district court denied the motions, finding genuine disputes of material fact.
- Defendants took an interlocutory appeal from the denial of summary judgment.

## Issues

1. Whether ASI qualified as a “media defendant” for defamation and false-light purposes and, if so, whether plaintiffs made the prima facie evidentiary showing required to proceed against ASI.
2. Whether Iowa law (including libel per se doctrine) should be modified in private-plaintiff/private-concern suits against nonmedia defendants, and whether Scott was entitled to summary judgment on libel, false light, and IIED.
3. Whether the Iowa Constitution’s free-speech “abuse clause” bars applying libel per se in private-plaintiff/private-concern claims against a nonmedia defendant.

## Decision

- The court affirmed in part, reversed in part, and remanded.
- ASI was treated as a media defendant; summary judgment was granted to ASI on the defamation and false-light claims because plaintiffs failed to produce sufficient evidence to meet the applicable standards.
- The denial of Scott’s motion for summary judgment was affirmed, leaving libel, false light, and IIED claims against Scott for further proceedings.
- The court declined to revise Iowa’s common law of defamation as requested by defendants.
- The court held the Iowa Constitution does not prohibit applying libel per se in private-plaintiff/private-concern cases against nonmedia defendants.

## Legal Principles

- A bona fide book publisher may be classified as a “media defendant” in defamation and false-light litigation, triggering heightened plaintiff proof requirements at the summary judgment stage.
- When a plaintiff fails to make the required prima facie evidentiary showing against a media defendant, summary judgment is appropriate.
- Iowa’s common-law defamation framework, including libel per se, remains available in private-plaintiff/private-concern suits against nonmedia defendants absent a constitutional bar.
- Iowa’s constitutional free-speech “abuse clause” permits protection of reputation and does not invalidate libel per se in private, nonmedia disputes.
- Where the record reveals genuine disputes of material fact on falsity, defamatory meaning, and related elements, summary judgment for the author is properly denied.

## Conclusion

The Iowa Supreme Court held that a book publishing company could be treated as a media defendant and was entitled to summary judgment on defamation and false-light claims for lack of sufficient plaintiff proof, while claims against the nonmedia author proceeded; the court also confirmed that Iowa’s Constitution does not abolish libel per se in private-concern cases against nonmedia defendants.


Bierman v. Weier, 826 N.W.2d 436 (Iowa 2013)