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Posted on Monday, July 07, 2008
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Appeals court in Tyler dismisses coach's libel suit
(AP) -- An appeals court has sided with a Texas newspaper in a libel suit brought by an assistant coach after a high school football game.

The 12th District Court of Appeals in Tyler dismissed a lawsuit against the Palestine Herald-Press.

The suit alleged the newspaper's sports editor libeled an assistant coach from Jacksonville High School.

Defensive coordinator Mark Zimmer contended he was defamed when Palestine sports editor Scott Tyler wrote that Zimmer had made an "obscene gesture" to opposing fans after a game.

The column followed a September 2006 game between Jacksonville and Palestine. Jacksonville won 19-17.

An attorney for the newspaper says the court essentially ruled that the phrase was an individual judgment made by the sports editor and therefore protected by the First Amendment.

Zimmer has 45 days from the June 25th ruling to appeal.

Zimmer's attorney didn't immediately comment to The Associated Press.

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