Air Wisconsin v. Hoeper (2014)

Alu breaks down another interesting First Amendment case in which the US Supreme Court case reversed a Colorado Supreme Court ruling about a defamation case. From Alu's upcoming book: The SCOTUS in Air Wisconsin v. Hoeper reversed a decision that denied immunity to an airline that told the Transportation Security Administration (TSA) that one of their pilots was disgruntled and possibly armed. After failing numerous tests to become certified to fly new airplanes that he would need to pilot in order to keep his job, William Hoeper became upset and confrontational with his employer, Air Wisconsin. They booked him a ticket from the Virginia training location after his final failure to his home in Denver. Knowing that Hoeper was certified to carry a firearm and thinking his mental state might present a danger, Air Wisconsin warned the TSA, and their agents pulled Hoeper from the plane and searched him. Hoeper sued for defamation, but the airline argued that a federal law called the Aviation and Transportation Security Act (ATSA) gave them immunity from defamation liability for reporting suspicious behavior. But this immunity does not attach to “any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading” or “any disclosure made with reckless disregard as to the truth or falsity of that disclosure.” Air Wisconsin knew or should have known that Hoeper was not allowed to carry his pistol on his trip to the training facility in Virginia, because he was not “engaged in providing air transportation.” The Colorado trial court denied this immunity for Air Wisconsin and the jury found in favor of Hoeper. The Colorado Supreme Court affirmed, but the 6-3 SCOTUS disagreed, finding that the airline was immune from this lawsuit for defamation under the ATSA.

Listen to oral arguments here: www.oyez.org/cases/2013/12-315
Read the whole case here: supreme.justia.com/cases/federal/us/571/237/

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Release date:
2 April 2025