The Ohio Supreme Court soon could decide if a Columbus TV station defamed three siblings by describing them as "robbers" in its reporting on a police-issued news release.

The justices heard arguments on the case Wednesday in one of their periodic off-site sessions at Geneva High School in Ashtabula County in northeastern Ohio.

The Franklin County Court of Appeals threw out a judge's dismissal of the case, ruling a jury should decide whether journalistic negligence was involved and holding that the news media now has a "stronger duty to research the facts" since the internet now allows false stories to appear elsewhere.

Marion Little, the Columbus lawyer for WBNS-TV (Channel 10), argued that the station relied upon and accurately reported on a police news release in early 2016 about an armed robbery of an 8-year-old girl two months earlier at the former Fort Rapids water park.

Sonia Walker, the attorney representing Aaron, Aaronana and Arron Anderson, told the justices the station crossed the line to defaming her clients when it "made up facts" by posting a headline in an online story that read: "Robbers Put Gun to Child's Head and Steal Hoverboard."

The police news release did not use the phrase "robbers," but described the people in the photo as possibly being involved in the crime. A police-provided surveillance camera photo of the three Andersons, who were not identified by name, was posted with the story. The subject line of the police email with the news release read: "Two guys rob kids in front of parents."

Walker said the reputation of the Andersons, who talked to police and were cleared after the story appeared on TV, was damaged "by the straight accusation of guilt" with use of the word "robbers" rather than suspect or person of interest. "This is about recognizing the media has some responsibility to accurately report credible source information," she said.

Reading the entirety of the story makes it clear the police identified the people as suspects, said Channel 10 lawyer Little. "You can't cherry pick words out of an article to try to create liability for the media … journalists are not expected to have the same word precision as an attorney," he said.

Little also criticized the appellate court ruling, saying it would set a chilling new "stronger duty" standard for news reporting on the internet while not providing any definition on what journalists must do to meet such a standard. Court have recognized that "constitutional rights do not change with changes in technology," he said.

Jason Manion, an assistant Ohio attorney general, supported Channel 10's position in his friend-of-the-court argument, saying it is "essential law enforcement be allowed to communicate with the public through news media" to help solve crimes.

Several media organizations such as the Ohio Association of Broadcasters, Ohio News Media Association, the Reporters Committee for the Freedom of the Press and the Society of Professional Journalists submitted legal arguments urging the court to rule on behalf of Channel 10.

rludlow@dispatch.com

@RandyLudlow