Libel

This section covers the state law governing libel suits. The standards governing such suits are influenced by many things, including whether the subject of a story is a public figure or public official. This also covers the defenses to libel suits, including the "fair report" privilege, the opinion defense and anti-SLAPP laws.

Dominican sugar executives are public figures, court rules

Chris Healy | Libel | Feature | December 13, 2011
Feature
December 13, 2011

Two sugar-cane plantation owners from the Dominican Republic must satisfy a higher standard reserved for public figures if they are to prevail in a libel suit against American filmmakers who made a documentary critical of the Caribbean nation's sugar industry, a federal court of appeals has ruled.

Mont. blogger ordered to pay $2.5 million for defamation

J.C. Derrick | Libel | Feature | December 8, 2011
Feature
December 8, 2011

A Montana blogger has been ordered to pay $2.5 million in defamation damages after a federal judge said she would have to be working for a mainstream media organization in order to qualify for protections afforded journalists.

The judgment against Crystal Cox, a self-proclaimed investigative blogger, arose from an allegedly defamatory statement about Obsidian Finance Group, LLC, and its senior principal, Kevin D. Padrick. The statement was posted on Cox's website bankruptcycorruption.com.

Defamation suit against N.Y. prosecutor can proceed

Chris Healy | Libel | Feature | November 29, 2011
Feature
November 29, 2011

A federal court of appeals has ruled that a defamation lawsuit against a New York assistant district attorney can go forward.

D.C.'s anti-SLAPP statute to be tested in defamation case

J.C. Derrick | Libel | Feature | November 14, 2011
Feature
November 14, 2011

The Washington, D.C., attorney general has until the end of this month to explain to the court why he believes the latest challenge to the District's anti-SLAPP law is not valid.

District Judge Robert L. Wilkins issued the order to allow Attorney General Irvin Nathan to intervene in the case of attorney Lanny Davis, a Fox News contributor and former Clinton adviser who is accused of making a series of defamatory statements against Minnesota-based company 3M Corp.

Minn. TV station liable for $1 million in defamation suit

Chris Healy | Libel | Feature | November 8, 2011
Feature
November 8, 2011

In what may be the largest defamation verdict in Minnesota history, a jury found that a Minneapolis TV news station acted with "constitutional malice" and awarded a naturopathic healer $1 million.

The jury found that the ABC news affiliate, KSTP, acted with reckless disregard for the truth when it ran a report more than two years ago about healer Susan Anderson and advice she allegedly gave her client, Cheryl Blaha.

SPEECH Act celebrates one year anniversary, as its influence spreads overseas

British bill aims to shed country’s ”libel tourism capital” label
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The SPEECH Act saved author Udis Sanchez Lord from paying over $50,000 after losing a defamation lawsuit in Canada.

A Missouri resident, Lord published “From Fieldhand to Ph.D., Ms. Asia International,” an autobiography in which she described a family dispute over an inheritance. Her cousin, Leodegaria Sanchez Pontigon of Canada, thought the text defamed her. So, she sued Lord in Canada, where libel laws do not afford authors the same First Amendment protections as in the United States, and won.

Truth doesn't protect Minnesota blogger from defamation suit; judge upholds Johnny Northside verdict

$60,000 judgment to be appealed by blogger who court found reported truthfully
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When John Hoff mans his post on Guard Tower 6 at a U.S. military base in Afghanistan, he often wonders what went wrong.

It’s not a terrorist, a vehicle-born improvised explosive device, or an operation gone bad that fills his mind.

It’s a Minnesota court battle over his blog.

“Every day I have to wonder how I find myself in this position for blogging what even the court agreed was the God’s honest truth,” Hoff said in an email.

Are tweets fact or opinion?

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Although defamation cases based on Twitter posts are generally subject to the same standards, at least one court has ruled that the “freewheeling, anything-goes” nature of the Internet may provide a defense.

In a case stemming from a widely distributed, anonymous email message, the New York intermediate appellate court held that alleged defamatory comments published in cyberspace often lack the level of credibility readers would give similar remarks in other contexts.

Howling Pig case resurfaces

Highlights continued issues with unlawful searches of journalists
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Clara Hogan

Police seized Thomas Mink’s computer after he altered a picture of University of Northern Colorado professor Junius Peake to look like KISS lead singer Gene Simmons (above).

AP

Libel by omission: Creating a false impression with true statements

The Fourth Circuit recently upheld a libel by omission claim, saying a TV broadcast may have produced a false implication
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Emily Peterson

In the summer of 2008, a West Virginia woman called a local television station to report that her four-year-old son had been sexually abused at a local daycare center.

The state Department of Health and Human Resources had recently investigated the daycare center based on her allegations, and its report concluded that the “possibility that an incident of [child neglect] could occur is likely.”