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.

Libel by omission

The Fourth Circuit recently upheld a libel by omission claim, saying a TV broadcast may have produced a false implication
Feature
Page Number: 
32

From the Summer 2011 issue of The News Media & The Law, page 32.

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.”

Opinion defense remains a strong tool in defeating defamation claims

Recent decisions consider context and protect non-verifiable statements
Feature
Page Number: 
29

From the Summer 2011 issue of The News Media & The Law, page 29.

Several recent dismissals of defamation claims based on statements the courts found to be constitutionally protected opinion have reaffirmed the opinion defense as one of the most potent tools available to individuals or organizations sued for libel.

Media did not libel hero in Olympics bombing coverage

Clara Hogan | Libel | Feature | July 27, 2011
Feature
July 27, 2011

Reporters at The Atlanta Journal-Constitution did not libel a security guard, who was at first hailed as a hero after the 1996 bombing at Centennial Olympic Park, when they reported authorities were investigating him as a suspect in the bombing, the Georgia Court of Appeals ruled this month.

Court reinstates professor's libel suit against Ohio University

Emily Peterson | Libel | Feature | July 27, 2011
Feature
July 27, 2011

An Ohio appeals court reinstated a defamation lawsuit against Ohio University, holding that a professor who sued the university after it released an investigation of plagiarism that implicated him could continue his case.

Criticism of eminent domain plan is not defamatory

Clara Hogan | Libel | Feature | July 26, 2011
Feature
July 26, 2011

A Dallas land developer failed to show sufficient evidence to maintain his defamation lawsuit against the author and publisher of a book that criticized his involvement in a city's eminent domain plan, a Texas appellate court ruled yesterday in a case that exemplified why the state recently enacted an anti-SLAPP statute.

Two courts affirm plaintiffs' false light claims can proceed

Aaron Mackey | Libel | Feature | July 26, 2011
Feature
July 26, 2011

A pair of recent court decisions have reaffirmed that plaintiffs can continue to pursue false light privacy invasion lawsuits, despite much public debate and criticism surrounding the claims.

Saying prisoner was gang member is substantially true

Clara Hogan | Libel | Feature | July 25, 2011
Feature
July 25, 2011

A statement that someone is a member of a certain prison gang, when he merely conspired with its members, is substantially true and therefore protected against a defamation suit, a Colorado federal appellate court ruled this month.

Amicus letter brief in Conaway v. Meister

July 7, 2011

Urging the Baltimore trial court to dismiss under the Maryland anti-SLAPP statute City Councilwoman Belinda Conaway's defamation and emotional distress suit against Internet journalist Adam Meister over online posts asserting that Conaway lives outside Baltimore while representing its Seventh Electoral District, in violation of the City Charter.

Tenn. judge files libel suit against television news reporter

Aaron Mackey | Libel | Feature | July 1, 2011
Feature
July 1, 2011

A Tennessee judge is accusing a television news reporter of having a vendetta against him and broadcasting a series of defamatory stories after the judge refused to dismiss the reporter’s parking ticket.

Texas governor signs anti-SLAPP bill into law

Aaron Mackey | Libel | Feature | June 20, 2011
Feature
June 20, 2011

Texans sued for exercising their First Amendment rights now have a quick way to dismiss such lawsuits after the state’s governor signed an anti-SLAPP bill into law on Friday.