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Burgess v. Busby3/20/2001
tice." Id. at 347, 90 L. Ed. at 1303-04. "We must therefore turn to the particular utterances here in question and the circumstances of their publication to determine to what extent the substantive evil of unfair administration of justice was a likely consequence[.]" Bridges v. California, 314 U.S. 252, 271, 86 L. Ed. 192, 207-08 (1941).
We have already noted that defendant's letter is alleged in plaintiffs' complaint to be an obstruction of justice through harassment of a jury after its deliberation and verdict. Defendant's alleged attempt to interfere with plaintiffs' health care because the jury found a doctor had committed malpractice is not protected speech. " e must weigh the impact of the words against the protection given by the principles of the First Amendment, as adopted by the Fourteenth[.]" Pennekamp, 328 U.S. at 349, 90 L. Ed. at 1305. Jury service is a public duty and is a "solemn obligation of all qualified citizens, and . . . excuses from the discharge of this responsibility should be granted only for reasons of compelling personal hardship[.]" N.C. Gen. Stat. ยง 9-6(a) (1999). Plaintiffs allege in their complaint that a citizen who undertakes this public duty should be free from a personalized published harassment. We agree with plaintiffs' contention that defendant's communication is not protected speech.
In review, we affirm the trial court's dismissal of plaintiffs' claims for outrage, tortious interference with contract, interference with a fiduciary relationship, intrusive invasion of privacy, and unfair and deceptive trade practices. We reverse and remand the trial court's dismissal under Rule 12 (b)(6) of plaintiffs' claims for intentional infliction of emotional distress, common law obstruction of justice, and punitive damages.
Affirmed in part; reversed and remanded in part.
Judges WALKER and HORTON concur.
Judge Horton concurred in this opinion prior to 8 February 2001.
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