Air Wisconsin Airlines v. Hoeper
Issues
Can a court deny an airline immunity under the Aviation and Transportation Security Act for a report made by its employees to the Transportation Security Administration about another employee, without first determining that the airline's disclosure was materially false?
Former co-workers reported pilot William Hoeper to the Transportation Security Administration ("TSA"), claiming they were concerned that Hoeper, who was about to fly home as a passenger, was mentally agitated and might be armed. Hoeper sued Air Wisconsin for defamation, alleging that the co-workers’ statements to the TSA were misleading and the result of animosity against him. The Court will decide whether immunity under the Aviation and Transportation Security Act ("ATSA"), which would cover statements made by airlines to the TSA, can be denied without a court first determining that the disclosure was false. While Hoeper argues that his co-workers’ statements were clearly materially false, Air Wisconsin argues that the lower court needed to make a determination that the statements were false before denying immunity to Air Wisconsin. The Supreme Court’s ruling in this case will have a direct impact on the scope of protection for airlines that report suspicious activities to the TSA. The Court’s ruling may also have a broader impact on First Amendment jurisprudence.
Questions as Framed for the Court by the Parties
- Whether a court can deny ATSA immunity without deciding whether the airline's report was true.
- Whether the First Amendment requires a reviewing court in a defamation case to make an independent examination of the record before affirming that a plaintiff met its burden of proving a statement was false.
Note: The Court granted certiorari to Question 1 presented by the petition.
Facts
William Hoeper was a pilot for Air Wisconsin Airlines Corporation (“Air Wisconsin”) from 1998 to 2004. Hoeper v. Air Wisconsin Corp., 232 P.3d 230, 233, 235 (Colo. App.
Edited by
- Lyrissa Lidsky, PrawfsBlawg: A Missed Opportunity: Cert. Grant in Air Wisconsin v. Hoeper (July 10, 2013)
- Society of Professional Journalists: SPJ joins amicus brief encouraging court to focus on statutory question in Air Wisconsin v. Hoeper (Sept. 20, 2013)
- Rebekah Bradway, Digital Media Law Project: Reputation vs. National Security: The Supreme Court Takes on an Airline Defamation Case (July 10, 2013)