First Amendment Rights key in Puppy Mill Case heard by Missouri Supreme Court

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JEFFERSON CITY - It's been almost six years since the United States Humane Society named Missouri's "Dirty Dozen" puppy mills. Mary Ann Smith's Kennel, Smith's Kennel, made the infamous list.

According to her lawyer, Smith still cries frequently.

As part of the "Dirty Dozen" Smith's Kennel was ranked among the worst puppy mills in the state. The puppy mills described in the "Dirty Dozen" document were stated as having dogs that were either malnourished or underwatered, held in tight enclosures, lacking human affection, denied of veterinary services or some combination of these practices.

"She's just mortified and she cries a lot," Gaunt said. "She loves these dogs and she feels everybody looks at her like she's some kind of animal abuser."

The attorney for the United States Humane Society, Bernard Rhodes, said the report was published to help garner voter support for Proposition B, which would have made stricter regulations for owners of puppy mills.

Rhodes said the proposition would have helped people like Smith, who had gotten in over their heads.

Gaunt argued before the Missouri Supreme Court on Wednesday, March 2, that the United States Humane Society had defamed his client and invaded her privacy in the "Dirty Dozen" report.

The case pits claims of defamation and privacy invasion against the Humane Society's argument that their report was an opinion and therefore protected by the First Amendment.

Gaunt said Smith is a private citizen, making the report an unmerited invasion into her privacy. This also means Smith can claim defamation without proof of actual malice under the First Amendment.

"In this case you've got a private citizen in rural Missouri, minding her own business, running a kennel and she finds herself in national news," Gaunt said.

But Rhodes said the report was an opinion and therefore "absolutely privileged" by the First Amendment.

Opinion is not subject to proof of actual malice because it cannot be proven wrong.

"She is not a public figure but that's not relevant because the question before this court is not whether actual malice has been shown," Rhodes said. "The question before this court is whether or not the Humane Society is protected by the privilege for statements of opinion."

Gaunt said the report could be interpreted "by a reasonable person" as a statement of fact.

He also said his client was included in the "Dirty Dozen" report for strictly political reasons.

Smith is the mother of Republican Congressman Jason Smith who was serving in the Missouri House of Representatives when the Humane Society Report was first issued.

Proposition B was put on a ballot for Missouri voters in 2010 and passed. But a year later, Senate passed a bill that removed the majority of regulations and limits in Proposition B.