Word: libeler
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Both Hutchinson and Wolston were declared to be public figures by lower courts, and both libel suits were summarily dismissed. But the high court reversed those decisions. Neither man had "thrust" himself into a public controversy in order to affect its outcome, ruled the court...
Mere involvement in a newsworthy event, it said, does not automatically make someone a public figure. The court also rejected Senator Proxmire's argument that he was insulated from libel suits by the Constitution, which states that "for any speech or debate in either House," members of Congress "shall not be questioned in any other place." Congressmen cannot be held liable for what they say on the floor of Congress, but the court held that they can be for their newsletters and press releases...
Undaunted by the decision and the trial for libel that he now faces, Proxmire vowed that he will continue to issue the Golden Fleece Award. But many press lawyers are concerned that the court's actions will result in more libel cases, and that more of them will survive summary judgment and go to a jury for a full trial. That is when legal fees soar...
...footnote in the Hutchinson decision also cautioned judges against automatically throwing out libel cases brought by clear-cut public figures. The defendant's state of mind-the key element in actual malice-"does not readily lend itself to summary disposition," wrote Chief Justice Warren Burger. Just two months ago, the high court ruled in Herbert vs. Lando that libel plaintiffs can probe a reporter's state of mind. This may raise questions of fact that only a jury, not a judge, can decide...
Warned the Reporters Committee for Freedom of the Press: "These decisions will encourage harassing libel suits and will discourage news about public events." For large publishing and broadcasting organizations, the risk is probably small. But the threat of libel may inhibit any small newspaper or publishing house that lacks the resources to defend itself...