Court declines to review public official ruling
Article Abstract:
The Kentucky Court of Appeals overturned a lower court's dismissal of a libel suit of an attorney and a consulting engineer against a newspaper, in Osborne v. Ottaway Newspapers. The court ruled that the two plaintiffs did not meet the criteria of public figures and, therefore, did not have to prove malice on the part of the paper to sustain their libel suit. The court stated that malice could be inferred, however, from the reporter's reliance on sources hostile to the plaintiffs. The Kentucky and US Supreme Courts both denied review of the case.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1992
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Court upholds critic's review of 'fake phantom.' (drama critic's review of Ken Hill's version of 'Phantom of the Opera')
Article Abstract:
The US Court of Appeals for the 1st Circuit has ruled that a drama critic cannot be sued for libel because his statements cannot be proven true or false. In Phantom Touring v Affiliated Publications, a drama critic was sued for accusing the producers of Ken Hill's production of 'Phantom of the Opera' of trying to confuse the public and profit from the confusion with Andrew Lloyd Webber's production of the 'Phantom.' Plaintiffs argued that opinions were no longer protected in light of Milkovich v Lorain Journal, but the 1st Circuit disagreed.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1992
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State high court affirms libel verdict over editorial
Article Abstract:
The West Virginia Supreme Court upheld a libel verdict which included punitive damages against the writer of a newspaper editorial. The editorial was critical of a lawyer who sued a client and was awarded all of the client's disability compensation from a workers' compensation suit. The lawyer sued the newspaper, citing that the paper's failure to substantiate facts before publishing was clear evidence of malice or reckless disregard for the truth. The majority of the court agreed.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1992
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- Abstracts: Court rules teachers are public officials. Privilege covering statement at council hearings not absolute; statements unrelated to matter discussed or known to be false not protected
- Abstracts: No 'neutral report' privilege protects republication concerning private figures. 'Fair report' privilege defeated by attempt to verify comments
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