Lega Siciliana Social Club v. St.

Germaine

Quick Notes Book Name

Defamation tends to injure reputation, diminish the esteem, respect, goodwil to excite adverse, derogatory, or unpleasant feelings or opinions against him Torts Cases, Problems, And Exercises. Weaver, Third Edition. ISBN: 978-

Issue o

Whether in granting the motion for summary judgment, the court properly c of the subject letter did not constitute libel per se? Yes, it did constitute as

Trial Appellant o o

Procedure Granted motion for summary judgment on the ground that the allegedly de se. Reversed and case remanded for further proceeding in accordance with la

Facts Reason Trial Courts Reasoning o Pl - Lega Siciliana Social Club o The court further concluded that because the o Df - St. Germaine the plaintiff had to show "cognizable damage o What happened? summary judgment. o This case is a review of motion of o Court concluded that the plaintiff had shown n summary judgment. consequence of the defendant's allegedly libe Social Club o There was a social club close to a Defamation residential neighborhood whose o Is comprised of the torts of libel and slander. membership only extended to Tends to injure reputation, diminish the estee Sicilians or natural born Americans of o Sicilian ancestry. plaintiff is held, or to excite adverse, derogato him. o They received a liquor license 5 year after the opening of the club. Slander Pissed Off Neighbor Slander is oral defamation. o The granting of the liquor license led o to increased traffic and noise, which adversely affected the residents by Libel (which we are concerned with in the present Libel is written defamation destroying the privacy, seclusion and o quiet character of their residential Libel per quod community. Letter to the President of the Board of o A libel per quod is not libelous on the face of Aldermen light of extrinsic facts known by the recipien o Detailed his dissatisfaction with the o When a plaintiff brings an action in libel per q increased traffic and noise that he in order to recover believed stemmed from club activities and the granting of the liquor license. Libel per se

Elderly members with political connections in both state and local. o Mafia connections to rubber stamp whatever they want. o Fear of having someone setting our house on fire.. Trial Court o Granted motion for summary judgment on the ground that the allegedly defamatory statement did NOT constitute libel per se.

Libel per se is a libel on the face of the statem damages.

Distinction between Libel per se and Libel per o A Pl may recover general damages where the

Actionable per se o When the defamatory words are actionable p existence of injury to the plaintiff's reputation.

Burden of Proof o He is required neither to plead nor to prove it

Recovery o The individual plaintiff is entitled to recover, a reputation and for the humiliation and (2) men o Whether a publication is libelous per se is a q

In This Case o Pl has not show actual economic damages. o Pl must prove that the Df - statements constit

Two of the general classes of libel (generally re 1. Libels charging crimes and 2. Libels which injure a man in his profession and o To fall within the category of libels that are a the libel must be one which charges a crime w infamous penalty is attached."

Moral Turpitude o Moral turpitude involves an act of inherent ba social duties which man does to his fellow ma accepted rule of right and duty between man a o Ex: Hitting lady over the head with a purse.

Plaintiff Alleges Reputation o Reputation in the community has been dama statements contained in the subject letter. o The plaintiff's claim is based largely on the de "political connections in both state and local, t

[it] want[s].

Plaintiff Claims Mafia o The Mafia generally is known to be involved i gambling, manufacturing of narcotics and othe o Those are crimes, many of which involve mor imprisonment.

Plaintiff Claim Letter when beyond suggesting o It stated that the plaintiff uses its Mafia conne o Club utilizes illegal tactics to get whatever its

Appellant Court o We agree with the plaintiff that the allegedly d "diminish the esteem, respect, goodwill or con adverse, derogatory, or unpleasant feelings or o The statement linking the plaintiff to the Mafia plaintiff was required neither to plead nor to

Holding o Reversed Summary Judgment and the case i Neiman-Marcus v. Lait, 13 F.R.D. 311 Chapter Page Quick Notes Book Name Issue o

Southern Distr

Title 17 Defamation Topic Defamation Denied 708 A Book makes references to models as $100 call girls, to saleswomen that This is about the size of class groups that are suing for libel. If the size if la referred too. If the class is small, and each and every member of the group sue. Torts Cases, Problems, And Exercises. Weaver, Third Edition. ISBN: 978

Whether the charge against several individuals under some general desc application averred [affirmed] by the Pl? It depends on the size of the grou

District

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Procedure The Individual saleswomen do not state a claim. Motion to dismiss their cause of action is granted with leave to file separa Facts Rules

Libel Rules for groups or classes o Pl - Neiman-Marcus o Where the group or class libeled is large, no o Df - Lait inclusive. What happened? o Where the group or class libeled is small, an o The defendants are authors of a is referred to, then any individual member c book entitled 'U.S.A. Confidential'. o The plaintiffs are the NeimanConflict Arises (Split of Opinion) Marcus Company, a Texas When the publication libels some or less tha corporation operating a department o o Some courts say no cause of action exists fo store at Dallas, Texas, and there three groups of its employees. o Other courts would allow an action. Three groups o (1) Nine individual models who Texas constitute the entire group of models o Has not spoken on the some allegation of lib at the time of the publication o (2) Fifteen salesmen of a total of New York twenty-five suing on their own behalf o Has spoken to some. and on behalf of the o Question to the jury. Whether the 'charge ag o (3) Thirty saleswomen of a total of description or general name * * * has the pers 382 suing on their own behalf and on Court Adopted behalf of the others. Restatement of Torts 564, Illustration 2, Comm Books reference to them o A newspaper publishes the statement that s o The models were $100 call girls murder. In the absence of any circumstances o The saleswomen went for $20/night. household was referred to, the newspaper ha o The salesmen are fairies. o Restatement would authorize suit by each m

In This Case Salesmen (There is a cause of ac o Motion to dismiss is denied. o They have a cause of action because they a most are fairies.

In This Case Saleswomen (No cause of action o The books speaks of saleswomen generally o The group is extremely large. o No specific individual is named.

Restatement of Torts 564(c) large class not re o But where the group or class disparaged is a a particular plaintiff as the person defamed has a cause of action. Df Arg

o o o

Libel cannot reasonably be said to concern m There is no language ascertaining a person. Nor is the class so small that it follow that de class.

Holding o No reasonable man would take the writers s o There is no reference to any individual sales

Large Group Exceptions o Even where the group is large, a member of particular circumstances point to the plaintiff a

Courts Response to Exception o No such circumstances are alleged in the am

Referred to Plaintiff Exception o Where a plaintiff can satisfy a jury that the w Courts Response to Exception o Insufficient to satisfy this requirement.

Holding o The Individual saleswomen do not state a cla o Motion to dismiss their cause of action is gra

Class Notes A Book makes references to models as $100 call girls, to saleswomen that went for $20/nig the size of class groups that are suing for libel. If the size if large, none can sue, unless a p small, and each and every member of the group is referred to, then any individual member

*** This is Called Group Libel *** Libel Rules for groups or classes o Where the group or class libeled is large, none can sue even though the language us o Where the group or class libeled is small, and each and every member of the group or member can sue. Court Adopted Restatement of Torts 564, Illustration 2, Comment (c) reads as follows:

A newspaper publishes the statement that some member of B's household has comm circumstances indicating that some particular member of B's household was referred to B's household.' Restatement would authorize suit by each member of a small group.

Lent v. Huntoon, 470 A.2d 1162 Chapter Page Quick Notes Book Name Issue o

Supreme Court

Title 17 Defamation Topic Defamation Defined 714 Libel, slander, exception to actionable per se, defenses to slander, and liabil Torts Cases, Problems, And Exercises. Weaver, Third Edition. ISBN: 978Whether?

Trial Supreme

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Procedure Trial jury found Huntoon liable for defamation. $15,000 in compensatory Affirmed Facts Reason Defamation is composed of libel and slander Libel - Written and more serious Slander Oral and less serious.

o Pl - Lent o Df - Huntoon What happened? o The Pl - worked for Huntoon Business machines for 13 years. o The Pl told the Df he was moving to Florida and would train his successor. o Shortly thereafter, the Df fired the Pl without notice. Lent o Created his own equipment business, mainly cash register sales and service. o He was now in competition with Huntoon Huntoon Written Libel Conduct o Sent a letter cash register franchise

o o o

Libel o Considered to be actionable per se. o The Pl need not allege nor prove he suffere proximate result of libel. o Special damages are presumed. o Example: Loss of customers or business, los

Slander o Generally not actionable per se. o Special damages are not presumed and mus

Slander Exceptions to actionable per se, and s Spoken defamation involving: (1) Imputation [attribution] of a crime,

customers, saying Lent was (2) Statements injurious to one's trade, business discharged for sound business (3) Charges of having a loathsome disease were reasons. without proof of special damages. Huntoon Oral Slander Conduct (4) Charging a woman to be unchaste. o Said Lent had a criminal record a General Elements of Private Action For Defama mile long. (1) a false and defamatory statement concerning o Stolen merchandize and money. (2) some negligence, or greater fault, in publishi o Incompetent and untrustworthy. (3) Publication to at least one third person; Affected Lent (4) Lack of privilege in the publication; o Letter caused Pl to become (5) Special damages, unless actionable per se; a estranged from customers. (6) Some actual harm so as to warrant compens o Physical and emotion discomfort. Evidence Against Huntoon Special Rule of Procedure o There was never a complaint o One the Pl - evidence was in, the court had to concerning Lent before he was were defamatory as a matter of law. terminated. If the court was in doubt because the connot o Huntoon knew Lent was leaving and o ambiguous, then the court had to submit the he was not fired. o We are talking about economic or pecuniary d o Huntoon continued to make Ex: Loss of customers, business, contracts, o statement about Lent even after Lent o asked him to stop. General Damages Non Economic or Non Pecuniary damages Ex: harm to reputation, humiliation, or emotion

Tradition Tort Rule o Pl could not recovery any general damages u

Libel Actions o Libel per se means defamatory as a matter of o Since all libel is actionable per se, it makes n written words are defamatory as a matter of l and the jury determines that there is defama not be proven.

Libel per quod o Some writings, however, are seemingly innoc had to extrinsic evidence to determine if they h o If the writing together with the extrinsic eviden

o o

referred to as "libel per quod" in several Ame These jurisdictions require that special dama falls into one of the slander per se exceptions. Under this rule, the simple fact that extrinsic e nature of a libel prevents it from being "action proven.

Supreme Court of Vermont o Does not recognize libel per quod. o We hold that libel, whether defamatory on th extrinsic evidence, is actionable per se.

Rule o The jury decides if a writing is ambiguous or n In This Case o One count for libel o Once count for slander. Defenses to defamation o Truth o Privilege

Truth o Defeats the action and is a COMPLETE defen

Privilege (Protecting your own business intere o Is a conditional privilege which may be overco o The burden of proving privilege is on the Df. o Pl may defeat malice, however, he must show Df Alleged Privilege o To protect his legitimate business interests.

Inferring Malice o The court will infer malice upon a showing tha or acted with reckless disregard of its truth o Actual malice includes spiteful or wanton con

Liability for Defamation o Must logically be based on some showing of h

o o

This court will require defamation Pl - to demo recovering general damages. Defamation that is actionable per se will requ special damages before recovery of general, o

Punitive Damages o Once general (compensatory) damages are e on a showing of actual malice, but actual ma compensatory damages. o "[Malice] may be shown by conduct manifesti circumstances evidencing insult or oppression wanton disregard of one's rights." o Malice supporting punitive damages may be s the defamatory statement, especially when the the lawsuit.

Holding Ample evidence for the jury to have fo (1) Defendants knew that plaintiff had not been f fact, voluntarily left, (2) Huntoon said that plaintiff had stolen money (3) Huntoon knew that plaintiff did not have a "re (4) Huntoon repeated the alleged slanderous sta AFFIRMED Class Notes Slander Exceptions to actionable per se, and special damages need not be proven Spoken defamation involving: (1) Imputation [attribution] of a crime, (2) Statements injurious to one's trade, business or occupation, (3) Charges of having a loathsome disease. (4) Charging a woman to be unchaste. General Elements of Private Action For Defamation (libel and/or slander) (1) a false and defamatory statement concerning another; (2) some negligence, or greater fault, in publishing the statement; (3) Publication to at least one third person; (4) Lack of privilege in the publication; (5) Special damages, unless actionable per se; and (6) Some actual harm so as to warrant compensatory damages. Special Rule of Procedure o One the Pl - evidence was in, the court had to determine whether the written or spoken

o o o

If the court was in doubt because the connotation of the written or spoken words was a question to the jury to decide. We are talking about economic or pecuniary damages. Ex: Loss of customers, business, contracts, or employment.

General Damages Non Economic or Non Pecuniary damages Ex: harm to reputation, humiliation, or emotion or mental distress.

Tradition Tort Rule o Pl could not recovery any general damages unless he or she could prove special dama Libel per se and slander per se are treated the same way. o Slander is defamatory on its face. Actionable per se it is actionable without the Pl have to prove damages.

New York Times v. Sullivan 376 U.S. 254 (1964) The Times ran an advertisement to help solicit funds to defend Martin Luther King Jr., who was being prosecuted in Alabama. The ad criticized the Montgomery Alabama police, and by implication, Sullivan, the city commissioner. Turns out, some of the allegations were factually untrue. Sullivan was hurt by the accusation and ended up suing the Times for defamation of character. Under Alabama law, Sullivan didnt have to show that he had actually been harmed, and that there was no defense of free speech available unless the allegations were true. The Trial Court found for Sullivan and awarded him $500k in damages, the Times appealed. The Times argued that allowing Sullivan to sue them for libel was an unconstitutional infringement of their 1st Amendment right to free speech, even though their allegations turned out to be false. The Alabama Supreme Court affirmed. The Times appealed. The US Supreme Court reversed. The US Supreme Court found that the 1st

Amendment applies to all speech, even if it turns out that that speech contains falsehoods. There is an exception. Statements made with actual malice are not protected. Actual malice means with knowledge that the statements are false or in reckless disregard of their truth or falsity. Basically, this case says that if you publish something you think is true, and it turns out to be false, you cant be sued for libel. But if you knowingly and maliciously publish something that is false, then you are not protected by the 1st Amendment. This was later narrowed to only cover public figures. Dun and Bradstreet, Inc. v. Greenmoss Builders, Inc. (472 U.S. 749 (1985)), said that if you publish something about a private figure that turns out to be false, you can be sued, even though you thought it was true at the time.
Gertz v. Robert Welch, 418 U.S. 323 Chapter Page Quick Notes Book Name o Issue

United States S

Title 17 Defamation Topic Public Figures and Private Plaintiffs 731 Welch published an article accusing Gertz of being a communist in a consp Torts Cases, Problems, And Exercises. Weaver, Third Edition. ISBN: 978

Whether a newspaper or broadcaster that publishes defamatory falsehoo official not a public figure may claim a constitutional privilege against liabili No, but a States rights are limited to compensatory damages. You need to punitive damages. Procedure

District Supreme

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Judgment for Welch. Reversed and Remanded. Facts Rules

Rule Of Law o Pl - Gertz 1. The standard of liability for a defamation whi o Df - Robert Welch private individual is set by the states. What happened? o Gertz was representing a family who 2. The private defamation plaintiff must prove fa

son was killed by a Chicago any punitive damages other than compensat policeman. First Remedy Self Help o Welch publishes the American o Using available opportunities to contradict th Opinion. American Opinion its adverse impact on reputation. o It contained conspiracy views o Public Officials have great access to channe discrediting law enforcement and the o Private individuals are therefore more vulner police force was capable of protecting them is correspondingly greate supporting a communist dictatorship. o It contained an article that the Officer Public Official Reasoning was framed and the testimony o An individual who decides to seek governme against him was false. consequences of that involvement in public a o Furthermore, his prosecution was o Few personal attributes are more germane t part of the Communist campaign or improper motivation, even though these ch against the police. character. o Welch portrayed Gertz Leninist, a former Communist and an official of Become A Public Figure by no action of his ow the Marxist League for Industrial o By accident he obtained prominence Democracy. o By occupying positions of persuasion Article Inaccuracies o If they can influence the resolution of a publi o Gertz had not criminal record. comment. o Gertz did not plan any o The communications media are entitled to a demonstrations. public figures have voluntarily exposed them o No basis to be called a Leninist or falsehood concerning them. communist. o Editor made not effort to verify the Private Individual Rule and Test Argument charges against Gertz. o No such assumption is justified with respect District Court Ruling o He has not accepted public office or assume o For Welch, because he was a o He has relinquished no part of his interest in private individual. o He has a more compelling call on the courts falsehood. o Private individuals are not only more vulnera figures; they are also more deserving of rec

Courts New York Times Extension to Private C o Add difficulty of forcing state and federal jud publications address issues of "general or pu o The "public or general interest" test for deter standard to private defamation actions inade stake.

Holding #1 A State can impose liability with fa o So long as the State does not impose liabilit themselves the appropriate standard of liabili falsehood injurious to a private individual.

Holding #2 Compensatory and Punitive Recov o This State interest extends no further than c o The States may not permit recovery of pres is not based on a showing of knowledge of fa (Permitted when knowledge of falsity or reckl

Defamation Common Law o It allows recovery of purportedly compensato o The existence of injury is presumed from th

State Remedies Are Grounded by the First Am o States remedies for defamatory falsehood re legitimate interest. o Restricts defamation plaintiffs who do not pr the truth to compensation for actual injury. o All awards must be supported by competent need be no evidence which assigns an actua o Competent Evidence - Impairment of reput humiliation, and mental anguish and suffering

Punitive Damages No State Justification o Juries use discretion selectively to punish un o The States interest justifies a negligence sta o This is a less demanding standard than prov

Df Arg #1 Gertz was a public official o No basis, he was only on a hosing committe

Df Arg #2 Gertzs conorers inquest appearance o We decline. This would make all lawyers pu

Df Arg #3 Gertz was a public figure o He did not game general fame or notoriety in o His role was minimal at the coroners inquest

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Took not part in criminal trial. Never discussed any litigation with the press Did not thrust himself into the public issue.

Reversed Trial Court, Remanded

DISSENT Burger o The important public policy which underlies t gravely jeopardized if every lawyer who takes automatically become fair game for irrespons example, describe the lawyer as a "mob mou prior criminal record, or as an "ambulance ch injury action.

DISSENT Douglas o The jury is unpredictable. o It is only the publisher who will engage in dis o The courts stands increase the risk. o The First and the Fourthteen amendments p

DISSENT Brennen o Matters of public or general interest do not " private individual is involved or because in so choose to become involved." o The very possibility of having to engage in l threat enough to cause discussion and debat keeping protected discussion from public cog

Class Notes Gertz v. Robert Welch, Inc. o Private Figures, Media Defendant, Matters of Public Concern Negligence is Required

There has to be at least negligence on behalf of the media defendant for a This is not strict liability (no liability without fault). There must be at least negligence Punitive and Presumed Damages There CANNOT be punitive damages or presumed damages, UNLESS The Df knew the statement was false, OR Made it with reckless disregard of whether it was false. States Interest o To allow an individual a remedy who interest where injured because of defamation. Private Individual + Media Defendant + Public Concern Rule o The private individual needs to prove negligence only. o He does not have to prove actual malice. ***** Public Figure (He keeps saying this phrase)***** Injecting oneself into the vortex of public opinion o

Can a state say you have to prove actual malice? Yes. There is a minimal level that st below.