The plaintiff was a junior high school student when the newspaper published a story with photographs about drug use in schools. A photo of "apparent drug transactions" between students accompanied the story. The plaintiff was one of students in photos. While the newpaper attempted to obscure students' identities, the plaintiff claimed she was identified.

She claimed that the photo left a false impression because it "portrayed her as a drug user and as someone who deals in drugs.."

At trial the defendant introduced evidence of the plaintiff's use use of marijuana.

The jury found for the defendant. The Court of Appeals affirmed.