“The New York Times, the Washington Post, the Los Angeles Times, ABC News, and the Associated Press pooled $750,000 last Friday to buy their way out of a civil suit in which they weren’t even defendants….the money isn’t the issue. A greater danger is that the Wen Ho Lee settlement may signal to plaintiffs’ attorneys that newsrooms are becoming soft touches when it comes to subpoena defenses.” (Jack Shafer, “Wen Ho Ho Ho Lee Gets Last Laugh”, Slate, Jun. 7). Another view: Michael Kinsley, “Two Bad Cases for Anonymity”, Washington Post, Jun. 11.
Posts Tagged ‘newspapers’
Florida legislature considering restoring free press
We’ve previously commented on how Florida courts’ interpretation of “false light” doctrine permits attorneys to litigate against newspapers for truthful reporting. The Florida legislature is considering closing the court-created loophole; the Orlando Sentinel thinks it can’t come soon enough.
Update: Trump decamps to Camden
Caesar’s forum-shopping dept.: Donald Trump has filed his $5 billion defamation suit against author and New York Times reporter Timothy O’Brien (see Jan. 25, Feb. 12) not in the courts of some boringly obvious place like, say, Manhattan, but in Camden, New Jersey, which happens to be “where his golf buddy, George Norcross II, the state’s behind-the-scenes political kingmaker, holds court. In 2001, Norcross, an exec at Commerce Bank, was caught on tape boasting of having engineered a judgeship for a political foe ‘just to get rid of him.’ Norcross’s claim to control the New Jersey courts was only bluster, his longtime lawyer, William Tambussi, said at the time. Tambussi has also been retained by Trump in his suit.” (Geoffrey Gray, “Intelligencer: Trump’s Jersey Trump Card”, New York, Mar. 13).
United Farm Workers’ libel-suit threats
The United Farm Workers, the agricultural labor union that rose to prominence under the leadership of the late Cesar Chavez with the support of countless Sixties idealists, has recently been the subject of unflattering coverage in the Los Angeles Times, Bakersfield Californian and L.A. Weekly, among other places. Now journalist Marc Cooper, who wrote the L.A. Weekly piece, says the union has sent him a demand that he retract or correct his piece on pain of being sued. Cooper says the L.A. Times and Bakersfield papers have received similar threats. “Even some lonely bloggers who have recently written about the UFW have been contacted by the union or its hired PR agents and directly warned not to continue criticizing it.” (Marc Cooper, “Gag Me With a Grape”, L.A. Weekly, Feb. 8; Cooper blog entry and comments, Feb. 8) (via Romenesko). The UFW’s side of the underlying controversies is here.
Newspaper circulation scandal: lawyers get $40K, clients $15K
“The Minneapolis-based Star Tribune has agreed to pay $55,000 to end a lawsuit accusing it of cheating advertisers by inflating circulation numbers, according to a lawyer for two plaintiffs. The settlement agreement says that the two plaintiffs, Masterson Personnel and Alternative Staffing, will receive $15,000 in rebates from the newspaper for advertising in 2007. The bulk of the settlement, up to $40,000, goes to attorneys representing the plaintiffs.” (Tim Huber, “Star Tribune to pay $55,000 to settle circulation lawsuit”, St. Paul Pioneer Press, Dec. 20)(via Romenesko).
Update: Dallas paper agrees to second restaurant review
Restaurateur (see comments) Phil Romano has agreed to drop his lawsuit against the Dallas Morning News over its review of his local eatery, Il Mulino, in exchange for the paper’s promise to run a second review of the restaurant in coming months. “While [reviewer Dotty] Griffith handed out 4-star ratings for service and ambience, Mr. Romano took offense at her criticism of some of the restaurant’s main dishes, including entrees featuring its Bolognese and vodka sauces.” We covered the case Aug. 24, 2004. (“Restaurateur, News settle review lawsuit”, Dallas Morning News, Dec. 17)(via Romenesko).
Judge Murphy’s “fascinatingly repellent” letters
That’s what media critic Dan Kennedy (Dec. 21) calls an excerpt from one of the handwritten letters that Boston judge Ernest Murphy sent to Boston Herald publisher Pat Purcell following Murphy’s securing of a libel judgment of more than $2 million against the newspaper (Dec. 8). One of the letters proposes to Purcell an “AB-SO-LUTE-LY confidential and ‘off the record'” meeting which he is not to tell Brown Rudnick, the newspaper’s chief legal counsel, about.
So here’s the deal. I’d like to meet with you at the Union Club on Monday, March 7….You will bring to that meeting a cashier’s check, payable to me, in the sum of $3,260,000. No check, no meeting.
And Dan Kennedy comments:
This much is certain: If Murphy’s letters are typical of what takes place between parties in a lawsuit, then the legal sausage-making process is a lot uglier than many of us realize.
(via Romenesko, who has links to the Boston press coverage). Boston Phoenix media critic Mark Jurkowitz also covers the story here and (Murphy’s lawyer’s response) here. A Jurkowitz commenter observes: “Settlement discussions are frequently unsightly — they often have a ‘Surrender, Dorothy’ flavor.”
Judge demands freeze on Boston Herald’s assets
Massachusetts Superior Court Judge Ernest B. Murphy, having won a libel judgment of more than $2 million against the Boston Herald, smaller of the city’s two big newspapers, is now demanding that a court order the paper’s assets frozen to guarantee payment of the judgment. (Jonathan Saltzman, “Court is asked to freeze Herald’s assets”, Boston Globe, Nov. 29). Dan Kennedy at Media Nation (Nov. 29) says that the Herald’s original article criticizing Murphy was anything but a model of good journalism.
But free-press advocates ought to be concerned that a sitting judge can have some influence over the Herald’s future — and possibly its very survival — because of reporting that amounted to criticism of how he performed his public duties. That, more than anything, is what the First Amendment was designed to protect.
(via Romenesko). For the chilling effects of libel awards won by judges in Pennsylvania, see Mar. 16, 2004, etc.
Campaign finance law censorship
Now it’s being deployed on behalf of Sen. Rick Santorum (R-Pa.) against the Scranton Times-Tribune. The National Republican Senatorial Committee, backing Santorum, filed a complaint with the Federal Election Commission charging that the newspaper may have unlawfully made a “corporate contribution” to Santorum’s opponent, Bob Casey Jr., by printing in promotional material a mock headline that read “Casey to run for Senate”. (Carrie Budoff, “Scranton paper’s promo an issue”, Wilkes-Barre Times-Leader, Aug. 16; Brett Marcy, “GOP files complaint of paper’s Casey ‘ad'”, Aug. 19; Ryan Sager, “Dirty Speech Trick”, New York Post, Aug. 19; Sager’s blog, Aug. 19 and again). For more campaign finance law censorship, see Jul. 11.
Speechcrime at Scottish newspapers
A newspaper in Barrhead, Renfrewshire, Scotland, “is the subject of a racial complaint being investigated by police. It follows a page one article headed Gypsy Fear,” in which the paper, the Barrhead News, claimed the town “could be swamped by gypsies from across Europe” following the establishment of a local encampment by French travellers. (Iain Wilson, “Racist complaint against newspaper”, The Herald (Glasgow), Aug. 11). And a second law enforcement action against published speechcrime has progressed farther than the mere investigation stage:
Alan Buchan, editor of North East Weekly, a free paper based in Peterhead, was recently charged under the Public Order Act, which gives the police powers to arrest anyone whom they suspect of publishing or distributing written material that is threatening, abusive, or insulting and intended to stir up racial hatred.
His paper published an editorial headlined “Perverts and Refugees” which said that a massive refugee camp could be built in the region and highlighted perceived local concerns about what this might mean for the community.
He is scheduled to appear at Peterhead Sheriff Court on September 1.
Buchan says his arrest “harks back to the activities of the old USSR”. (Guy Dixon and Terry Murden, “MediaFile” (second item), The Scotsman, Aug. 14)(via Norvell)