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THE NATIONAL ENQUIRER AS DEFENDANT
This research paper examines and evaluates the experience of
The National Enquirer (The Enquirer) in defending itself in cases involving claims that the tabloid has libeled persons mentioned
in its articles or otherwise violated their legal rights. The Enquirer has avoided thus far large liabilities because: (1) it has ably defended its interests, including settling most difficult cases; (2) state and federal courts have generally ruled in favor of The Enquirer because of certain decisions of the United States Supreme Court relating to the First Amendment rights of the press; and (3) plaintiffs have encountered certain
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"Fellows v. Sullivan, 58 New York State Bar Journal, (December1986): 11. Hepps, 475 U.S. The Bureau of National Affairs, Media Law Reporter (Washington,D.C.: BNA, 1979), 1978. Ron Bossert, "National Enquirer Settles over Paternity Story."Los Angeles Daily Journal, 2 December 1995, 3. At common law, defamation, the making of false statements which havethe effect of injuring the plaintiff's reputation, were actionable.Defendants were strictly liable for untrue statements and had the burden ofproving their statements were true. The Supreme Court in 1974 had indicated that the states could settheir own standards of proof in defamation actions involving privateparties. District Courtin 1989 dismissed a claim brought against the Enquirer in Dempsey v.National Enquirer, Inc. Supreme Court's Meandering Path." Illinois Bar Journal, 83 (November 1995), 576-583.Jordan, Pat. Liberty Lobby Inc., 477 U.S. The Enquirer adopted a policy of contestingonly less difficult those suits and settling the others. Jochner, 581. Ct. National Enquirer Inc., in which an article had allegedthat plaintiff had an affair with the actress, Angie Dickinson. "Stars v. The Enquirer, which lost no suits during that period,except for the Burnett case which it appealed and which is discussed below,had by 1995 a war chest of $16 million to deal with them.[x] The Enquirerhired one of the best firms in the field, Williams and Connolly, inWashington, D.C. . . knowingly or in reckless disregardof the truth. in 1952 for $75, when it had an annual circulation of 17, .[i] After it beganspecializing in articles dealing with television personalities and othercelebrities, its circulation rose to five million per week and wasreportedly at 3.3 million per week in 1995.[ii] The Enquirer, which isheadquartered in Lantana, Florida, is the queen of the tabloid press, whichincludes such publications as The Star, The Globe, The National Examiner,The Sun, The Weekly World News and The London News of World,among others.[iii] The tabloid press specializes in sensational , articleson public figures which usually have "a kernel of truth, [which they]stretch and embellish . Michele M. National Enquirer, Inc.: TurnOut the False Light, the Party's Over." Beverly Hills LawJournal (Fall 1987): 284. News & WorldReport, 1 February 1992, 16. Simpson trial intensive coverage, was on the scenebefore the coroner, assigned 2 reporters to the case and scooped the majornewspapers with tidbits such as O.J.'s purchase of a knife. The Enquirer hasavoided thus far large liabilities because: (1) it has ably defended itsinterests, including settling most difficult cases; (2) state and federalcourts have generally ruled in favor of The Enquirer because of certaindecisions of the United States Supreme Court relating to the FirstAmendment rights of the press; and (3) plaintiffs have encountered certainother procedural difficulties in sustaining their claims against theEnquirer. The Court, which noted that Wynberg hadbeen convicted of crimes five times, ruled in favor of the Enquirer on itsmotion for summary judgment on the grounds that the statements in thearticle were either substantially true or that they were non-actionable asstatements of opinion. had beenfabricated and awarded him $15 , ." [xl] The story contained an imaginaryquotation from Eastwood. The Bureau of National Affairs, Inc., Media Law Reporter(Washington, D.C.: BNA, 1987), 1313. All ittook was some willpower and money. Robert Welch Inc., 418 U.S. Reinhardt, 64. Media Law Reporter, Washington, D.C.: BNA, 1992, 1679."Tabloid Journalism 1 1." Harper's, December 1992, 23-27."2-Headed Tots, Nazi Astronauts & Gennifer." U.S. In 1989, the Supreme Court in Browning-Ferris Industries of Vt.Inc. About that matter we discussed. Hood are newsworthy."[xxxviii] After the California Supreme Court letthe appellate ruling stand on December 4, 1995, the Enquirersettled.[xxxix] On October 19, 1995, a federal jury in Los Angeles found that "astory about actor Clint Eastwood in the National Enquirer . Ibid., 1315. The New Yorker, acase decided in 1991, the Supreme Court reversed an appellate court whichhad dismissed a libel case in New York in which it was alleged that a NewYorker reporter had combined in a misleading fashion the quotes of apsychiatrist. The Enquirer agreed to a settlement of a libel and defamation ofcharacter suit brought against it in 199 by Elizabeth Taylor relating toan article dealing with Liz' hospitalization for pneumonia in which thearticle said that she suffered from lupus and brought liquor into herhospital room.[xxxvi]It also entered into a settlement "reported to be in the six figure range"with Roseanne who sued for loss of privacy based on the alleged publicationby the Enquirer of love letters with her husband.[xxxvii] In March, 1996, a California appellate court reversed a lower courtand said that the Enquirer could be liable for damages to Tamara Hood,Eddie Murphy's girl friend, for disclosing the details of his child supportarrangements with Ms. Hood. . 254 (1963).Philadelphia Newspaper v. In the article, the feelings and actions ofDempsey, a survivor of an air crash who had hung onto the door rails on theunderbelly of the plane, were described in lurid terms. Had you ever seen signs ofO.J.'s violent side before?" New York Times Magazine, 25 June1995, 42. Gross, 181. Kelco Disposal, Inc., a non-media case, ruled that the 8thamendment did not apply to punitive damage claims in civil cases.[xxiv]Although the Court later ruled that the Due Process Clause applied toawards of punitive damages, it failed to offer lower courts much in the wayof guidance, leading to "a further muddying of the constitutionalwaters."[xxv] Finally, in 1994, it overturned a punitive damages award ondue process grounds in Honda Motor Co. The Court said that it could be liable notbecause the story was inaccurate but because "we cannot say as a matter oflaw that the details of a celebrity's financial support of his child andMs. Endnotes BibliographyAnderson v. New York, for example, permits them to succeed if the plaintiffcan prove that the statements were made "in a grossly irresponsible mannerwithout due consideration" for reasonable standards-in effect, grossnegligence.[xvii] Plaintiffs tried to get around the Sullivan doctrine by alleginginvasion of privacy or brought actions under the common law or statutes forthe misappropriation of their property by the media. As Ian Calder,Editor-in-Chief explained in 1995, "Sure we settle law suits rather than goto court. THE NATIONAL ENQUIRER AS DEFENDANT This research paper examines and evaluates the experience ofThe National Enquirer (The Enquirer) in defending itself in cases involvingclaims that the tabloid has libeled persons mentionedin its articles or otherwise violated their legal rights. The National Enquirer The Enquirer was purchased by Generoso Pope, Jr. Savage, 3 . "Libel Awards Are Growing." Wall Street Journal, 9 February1996, B2. "Hello. Justice Hugo Black said: "Idoubt that a country can live in freedom where its people can be made tosuffer physically or financially for criticizing their government."[xiv]This case involved public officials but in 1974 the Court extended theSullivan doctrine to all cases involving public figures, who were definedas "those who by reason of the notoriety of their achievements or the vigorand success with which they seek the public's attention."[xv] Later SupremeCourt cases held that plaintiffs, even in cases involving privateplaintiffs, had to prove the falsity of the statements in question and hadto show malice by "clear and convincing evidence."[xvi] In the case ofcelebrities, these rulings made it extremely difficult for them to prevailagainst the media in defamation cases. National Enquirer, Inc.: Turn Out the False Light, the Party's Over." Beverly Hills Law Journal, Fall 1987: 284.Facts on File, 26 October 1995, 8 8.Fields, Howard. "Justice Comes In Quotes." Time, 1 July 1991, 68.Gross, Linden. That's part of doing business."[xi] A good example was Sinatra v.National Enquirer and Clinic La Prairie.[xii] Frank Sinatra sued theEnquirer and a Swiss clinic in federal court in Los Angeles for statementsto the effect that Sinatra had been treated at the clinic with youthrejuvenation drugs. Justice Rose Bird said that anyother decision "would defeat the legislative purpose of providing a zone ofprotection for operation of the free press."[xx] Deutschman, who wascritical of that decision, because Fellows, a married man, had not datedDickinson, says it "closed the door on these individuals by eliminating thedistinction between false light privacy and defamation."[xxi] In another invasion of privacy case in Maine, a U.S. . Martin Garbus, "So Nu? 2695, 27 5 (199 ).New York Times v. Jeffrey Deutschman, "Fellows v. Jochner, "Punitive Damages: The U.S. Reinhardt, 64; Gross 179 and "Tabloid Journalism 1 1," 23. 767 (1986).Reinhardt, Christine. Tabs." McCalls, January 1992,64. . 242 (1986).Bossert, Ron. 323 (1974).Goodell, John L. Media Law Reporter, Washington, D.C.: BNA, 1988, 1949-1959.The Bureau of National Affairs, Inc. Sullivan." New York State Bar Journal, 58 (December 1986): 11-16.Gray, Paul. UnderCalifornia's invasion of privacy decisions, a statement to be actionablemust cast the plaintiff in a false light which "must be highly offensive toa reasonable person."[xix] The Supreme Court ruled that the same rules asto proof of special damages which applied to state defamation actionsapplied to invasion of privacy actions. 9 (Cal.) 1992, 973 F. In 1986, the California Supreme Court ruled on an invasion of privacyaction, Fellows v. The record of The Enquirer, however, since 1991 has been moremixed, reflecting a determination of some celebrities to bring the tabloidto account for inaccuracies in its articles which suggests that some hardfought battles lie ahead. 376 U.S. 254 (1963). "The New Law of Libel: Aftermath of New York Times vs. . John L. National Enquirer,Inc., Los Angeles Superior Court, BC 79 683, 15 March 1994. 2d1431, the 9th Circuit Court of Appeals affirmed the dismissal of a casebrought by an entertainer, Engelbert Humperdinck, whom the Enquirer said inan article had AIDS, on the grounds that the information had been takenfrom court papers filed by the entertainer in New York. The Court saidthat the article could not be viewed "as highly objectionable to theordinary reasonable man under the circumstances."[xxii] The Enquirer luckedout in another case brought by actor Eddie Murphy whom the Enquirer hadsaid in an article in 1985 was haunted day and night by his father's deathwhen Murphy dropped the suit.[xxiii] Cases 1991-1996 Life became more difficult for the Enquirer and the other tabloids inthe 199 s. Philadelphia Newspaper v. That caseincreased its circulation in 1995 by 5 , per week.[vii] Cases 1978-199 The Enquirer was involved as a defendant in the late 197 s and 198 sin a number of civil law suits which alleged it was liable for defamationor invasion of character. When she was asked about the frequency of suchpractices, a reporter for The Sun, who inaccurately reported that a 1 1year old woman, Nellie Mitchell, was pregnant, said in sworn testimony inan Arkansas court in 1992: "I'd say about 9 percent of my stories are offthe top of my head."[v] U.S. A state appellate court affirmed the dismissal of the action onthe grounds that neither husband nor wife had demanded a retraction fromThe Enquirer within 2 days after having become aware of the article, asrequired by Section 48, and dismissed the husband's action on the groundsthat he had no damages.[xviii] In 1983 in Wynberg v. 11 S. "Tabloid Journalism 1 1." Harper's, December 1992, 26. The trend now appears to bemoving in the opposite direction for a change. . This is Alan Smith of the National Enquirer . Liberty Lobby Inc., 477 U.S. and Blasting Back atthe Press." Cosmopolitan, August 1995, 18 . Robert Welch Inc., 418 U.S. The Bureau of National Affairs, Inc. 2695, 27 5 (199 ). Media Law Reporter, Washington, D.C.: BNA, 1978.The Bureau of National Affairs, Inc. Paul Gray, "Justice Comes In Quotes." Time, 1 July 1991, 68. The Supreme Court reversedthe verdicts on the grounds that statements in the press concerning publicofficials were, in the absence of malice, protected by the freedom of pressand speech guarantees of the First Amendment. Gross, 178.----------------------- 13 The Supreme Court case of New YorkTimes v. The Bureau of National Affairs, Inc., Media Law Reporter(Washington, D.C.: BNA, 1984), 1935. "2-Headed Tots, Nazi Astronauts & Gennifer," 16. No Sue Me?" Nation, 7 June 1993, 76 -761.Gertz v. v. . Jordan, 42. Many of these celebrities can outlastthe tabloids because they are richer than they are. Harrison Ford won a substantialsettlement against The London News of World for an article which suggestedhe was a coward. The Enquirer settled with Sinatra in 1988. That case is pending.[xli] It would appear that the Enquirer and the other tabloids suddenlyhave their hands full dealing with cases brought by celebrities, some ofwhom, such as Taylor, Murphy and Eastwood, the Enquirer had defeated oroutmaneuvered in the past. Martin Garbus, "Limiting Our Rights." Publisher's Weekly, 18August 1989, 21. Oberg.[xxvi] In the 199 s, whilethe number of libel cases against the media going to trial declinedsharply, "the average jury award in those cases which did go to trialincreased."[xxvii] In Burnett v. 767 (1986) andAnderson v. Reinhardt, 64. . The 1 1 year old mentioned abovewon a $1.5 million suit against The Sun.[xxxv] Other major suits pendingagainst other tabloids include one for $1 million by Rodney Dangerfieldagainst The Star based on statements that he uses drugs and abuses fans andone for $25 million by Sylvester Stallone against The News Extra which saidthat he was impotent and uses penile implants. Posing as Lee Harvey Oswald."[vi] TheEnquirer gave the O.J. National Enquirer, a defamation actionbrought in state court in California, a jury had found that an articlestating that Ms. Burnett had been drunk in 1976 in a Washington restaurantand had behaved poorly in front of Henry Kissinger was defamatory by a jurywhich awarded her $3 , in general damages and $1.3 million in punitivedamages. 242 (1986). National Enquirer, Inc., C.A. No Sue Me?" Nation, 7 June 1993, 76 . The Bureau of National Affairs, Inc., Media Law Reporter(Washington, D.C.: BNA, 1992), 16 1. Linden Gross, "When Stars Explode . A California Court of Appeals reduced the judgment, which thetrial judge had remitted to $5 , in general damages and $75 , inpunitive damages, to $15 , . The appellate court pointed out that thelower court's award would have wiped out one third of the Enquirer's networth of $2.6 million.[xxviii] Burnett and the Enquirer finally enteredinto a confidential settlement which is rumored to be in the $2 , range.[xxix] At first, the Enquirer continued to fare well in the Californiacourts. Ibid. Facts on File, 26 October 1995, 8 8. Gross, 179. 323 (1974). . Ibid. News & World Report in 1992 described the contents of a typicaledition of The Enquirer, as follows: "celebrity gossip mixed with quackydiets and bizarre twists on current events" with headlines like "JFK waskilled by a Russian agent . Ct. Media Law Reporter, Washington, D.C.: BNA, 1987, 13 5-1316.The Bureau of National Affairs, Inc. National Enquirer, Inc., Los Angeles Superior Court, BC 79 683, 15 March 1994."Libel Awards Are Growing." Wall Street Journal, 9 February 1996, B2.Milkovich v. Supreme Court'sMeandering Path." 83 Illinois Bar Journal, November 1995, 576. Lorain Journal Co., 11 S. . so much that the finished product bears noresemblance to what they started with."[iv]Their motivation for doing so, so long as they can get away with thepractice, is to sell copy. Tabs." McCalls, January 1992, 64.Savage, David. Had you ever seen signs of O.J.'s violent side before?" New York Times Magazine, 25 June 1995, 42-46.Larry Fortensky and Elizabeth Taylor v. Howard Fields, "Media Won a Record 4 % of Libel Cases in PastTwo Years." Publisher's Weekly, 8 September 1989, 1 . News & World Report,1 February 1992, 16.----------------------- Pat Jordan, "Hello. Under California'sCivil Code section 47(d), information so derived was not actionable so longas they were a "fair and true" report of what was in the court papers,which the 9th Circuit, agreed was the case.[xxx] The Enquirer secured thedismissal on the same grounds in 1994 of a defamation action broughtagainst it by Elizabeth Taylor and Larry Fortensky.[xxxi] The Supreme Court did not overrule the Sullivan doctrine but thefirst crack in it appeared when the Rehnquist Court in Milkovich v. Tom Selleck forced The Globe to enter into a settlementfor an article which said that he was gay. Sullivan in 1963 reversed the common law in cases involving publicfigures.[xiii] The holding in that case was that defamation actions wouldlie against public figures unless the plaintiffs could prove that thedefendant had acted out of malice-i.e. The Bureau of National Affairs, Inc., Media Law Reporter(Washington, DC: BNA, 1988), 1949-1959. About that matter we discussed. "Media Won a Record 4 % of Libel Cases in Past Two Years." Publisher 's Weekly, 8 September 1989, 1 .Garbus, Martin. This is Alan Smith of the National Enquirer. and Blasting Back At the Press." Cosmopolitan, August 1995, 178-185.Jochner, Michele M. David Copperfield has sued the Enquirer for $1 million for an articlewhich said that the magician had stuck his hand down the cleavage of a busymodel at a party. in 199 said in dicta that previous decisions "were notintended to a create a wholesale defamation exemption for anything thatmight be 'labeled' opinion."[xxxii] Then in Masson v. "2-Headed Tots, Nazi Astronauts & Gennifer." U.S. Sullivan, 376 U.S. "So Nu? National Enquirer, aboyfriend of Elizabeth Taylor, whom the Enquirer had said had an affairwith her and implied that he had done so for personal financial gain,brought an action for defamation against the Enquirer in federal court inthe Central District in California. In Kwat Kit Faan v.National Enquirer, the husband of a woman whom The Enquirer had said had anaffair with President Nixon, brought an action in state court in Californiaagainst the Enquirer under the special state statute, Section 48 of theCivil Code, for defamation in cases involving the media, for loss ofconsortium. The worm is at least beginning to turn. Media Law Reporter, Washington, D.C.: BNA, 1984, 1921-1936.The Bureau of National Affairs, Inc. C., 1989, 2193-2196.The Bureau of National Affairs, Inc. . In Dorsey v. The newspaper would not besolvent today, but for the Sullivan case and other federal and state courtdecisions in which the courts appear to have bent over backward to protectthese irresponsible tabloids from liability. David Savage, "High Court Won't Hear Tabloid's Appeal." LosAngeles Times, 5 December 1995, 31. Larry Fortensky and Elizabeth Taylor v. v. Media Law Reporter(Washington, D.C.: BNA, `1989), 2194. LorainJournal Co. Libel is defamation in written form. Christine Reinhardt, "Stars v. The Court said that the First Amendment did not apply "whenalteration results in a material change in the meaning conveyed by thestatement."[xxxiii] Under a series of California decisions, juries are nowallowed to weigh in invasion of privacy actions the right of the press toreport on "matters of legitimate public concern" and an individual's rightto be shielded from public disclosure of "the intimate details of one'sprivate life."[xxxiv] For whatever reason, some celebrities in the 199 s became moreaggressive in asserting defamation and invasion of privacy cases againstthe tabloids, including the Enquirer. "Punitive Damages: The U.S. Media Law Reporter, Washington, D. Conclusion The Enquirer has done an effective job in defending itself againstlaw suits based on inaccuracies in its articles. . Hepps, 475 U.S. In that case, the New York Times had published inaccuratestatements concerning the actions of certain Southern state officials andhad won large jury verdicts in the local courts. . to defend it. "National Enquirer Settles over Paternity Story." Los Angeles Daily Journal, 2 December 1995, 3.Deutschman, Jeffrey. Gertz v. Jordan, 44. Goodell, "The New Law of Libel: Aftermath of New YorkTimes vs. "High Court Won't Hear Tabloid's Appeal." Los Angeles Times, 5 December 1995, 3 -31.The Bureau of National Affairs, Inc. "When Stars Explode . The numberof libel suits rose precipitously in the early 198 s, led by "aproliferation of multi-million libel judgments and highly publicized suitsbrought by political figures which raised fears that the media would beintimidated into abandoning its adversarial position toward thegovernment."[viii] By the end of the decade, the number of such suits had dropped andthe media was winning more of them, 4 percent in 1987-1988 versus 28percent in the preceding eight years.[ix] The industry geared up to dealwith the threat.
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AFRICAN AMERICAN STUDIES
AMERICAN INDIAN STUDIES
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ART: FASHION / DESIGN
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