Académique Documents
Professionnel Documents
Culture Documents
No. 07-1102
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:06-cv-00475-CMH)
Argued:
December 2, 2008
Decided:
PER CURIAM:
Chung Mu Son, Inside the World, Inc., and Kyu Chul Lee
appeal from a jury verdict in favor of James Soo Choi on Chois
defamation
claims
springing
newspaper columns.
from
the
publication
of
certain
I.
Plaintiff Choi is a businessman and leader in the KoreanAmerican
community.
Over
the
years
Choi
has
held
various
Appellant
Lee,
syndicated
columnist,
wrote
four
the
World,
Korean-language
newspaper.
The
columns
gangster,
and
alleging,
among
other
things,
that
Choi
Choi
thereafter
brought
this
action,
asserting,
as
is
by
Lee.
consideration
of
The
the
district
defamation
court
limited
claims
to
three
the
jurys
groups
of
Federation
convention,
and
the
allegations
that
found
intoxication
in
favor
claims,
of
Choi
awarding
on
Choi
the
gangster
$25,000
in
and
Choi
The
public
compensatory
II.
To establish a defamation claim under Virginia law, the
plaintiff
must
show
(1)
publication
of
(2)
an
actionable
Jordan v. Kollman,
See id.
Cir.
1993)
(internal
quotation
marks
omitted).
are
not
defamatory.
(citation
and
internal
United States.
facts
protected.
about
Id.
an
(internal
individual
quotation
are
constitutionally
marks
and
alteration
858,
861
(Va.
2003).
[S]tatements
of
opinion[,
Jordan,
insulting,
offensive,
actionable
because
or
such
otherwise
statements
inappropriate,
cannot
is
reasonably
not
be
Yeagle v.
Collegiate
(internal
Times,
497
S.E.2d
136,
137
(Va.
1998)
rhetorical
figurative,
or
hyperbole,
hyperbolic
vigorous
language
epithet
are
and
loose,
constitutionally
On
as
matter
of
law,
as
non-actionable
opinion
or
hyperbole.
whether
the
complained
of
phrase
including
inferences
fairly
We disagree.
e.g.,
J.A.
14-15
(second
column
supported
its
thug
with
description
discourteous to an elder).
columns
describe
conduct
of
an
incident
where
Choi
was
more
serious
nature
--
for
look
daughter
of
after
the
woman
South
alleged
Korean
to
be
the
premier.
illegitimate
Under
these
with
omitted)).
jury
to
factual
(internal
quotation
marks
decide
defamatory.
content
whether
the
gangster
statements
are
in
fact
appellants
also
contend
that
the
district
courts
Cir. 1999).
The
test
of
adequacy
of
instructions
properly
challenged on appeal is not one of technical accuracy
in every detail.
It is simply the practical one of
whether the instructions construed as a whole, and in
light of the whole record, adequately informed the
jury of the controlling legal principles without
misleading or confusing the jury to the prejudice of
the objecting party.
Spell v. McDaniel, 824 F.2d 1380, 1395 (4th Cir. 1987).
(1)
As to the gangster claims, the appellants argue that the
courts instructions did not provide sufficient guidance for the
jury to intelligently resolve whether the gangster comments were
actionable defamation.
We agree.
false
opinion.
statement
J.A. 108.
of
fact
as
opposed
to
statement
of
J.A. 108.
Locating
the
line
separating
constitutionally
protected
general
tenor
of
the
article
to
determine
whether
the
not
believe
that
the
district
courts
abbreviated
provided
were
correct
the
jury
statements
with
of
significant
believe
that
the
district
the
law
guidance
and
in
would
have
resolving
an
court
abused
its
discretion
by
See United
refusal
to
provide
an
instruction
requested
by
was
correct;
(2)
was
not
substantially
covered
by
the
courts charge to the jury; and (3) dealt with some point in the
8
trial
so
instruction
important,
seriously
that
failure
impaired
to
the
give
the
defendants
requested
ability
to
As
jury that Choi was required to prove that the statements were
false, but the court made no mention of the requirement that the
statements must also be defamatory.
the
omission
of
this
element
the
jury
instruction
We agree.
given
did
not
adequately
inform[]
the
jury
of
the
And
See id.
quotation
marks
omitted).
public
intoxication
claims involve allegations that Choi got drunk and behaved less
than admirably while attending a Federation convention away from
home.
whole record in order to make sure that the judgment does not
constitute
a
forbidden
intrusion
on
the
field
of
free
expression. (internal quotation marks omitted)).
10
III.
Because the jury instructions were flawed with regard to
the
gangster
jurys
claims
verdict
and
cannot
be
the
public
sustained.
intoxication
claims,
Accordingly,
we
the
hereby
vacate the jury verdict and remand for a new trial on those
claims. 4
VACATED AND REMANDED
11