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...hoped the case would simply go away; the prospect of juries setting limits on the work practices of reporters was a newsroom nightmare. But last week the Supreme Court decided otherwise. It unanimously overturned the decision of a federal court and ruled that the discomforting case of journalist Janet Malcolm, accused of libeling her subject by fabricating his quotes, should go to trial. Nevertheless, the reaction from most reporters, though hardly unanimous, tended toward a collective sigh of relief that the decision showed a subtle sensitivity to their craft...

Author: /time Magazine | Title: Justice Comes in Quotes | 7/1/1991 | See Source »

...lack of outrage among those likely to be most affected stems in part from the tangled nature of the incident that prompted the trouble. In December 1983 the New Yorker ran a two-part profile by Malcolm of Jeffrey Moussaieff Masson, a psychoanalyst who had lost his job as projects director of the Sigmund Freud Archives in New York City. Published the next year by Knopf as In the Freud Archives, Malcolm's report apparently allowed Masson to destroy himself with his own words: his self-description as "an intellectual gigolo," his plan to transform Anna Freud's house, after...

Author: /time Magazine | Title: Justice Comes in Quotes | 7/1/1991 | See Source »

Masson sued for libel, claiming that he had never said any of these things and that other quotations had been distorted to make him look ridiculous. A long legal wrangle ensued, during which Malcolm, in a pretrial deposition, conceded that she had combined a number of Masson's comments over a period of months to suggest that they had all occurred during a single lunch at a restaurant in Berkeley. Her 40 or so hours of tapes and her notes of interviews with Masson do not contain the three quotations he claimed were fabricated. Still, her legal defense maintained that...

Author: /time Magazine | Title: Justice Comes in Quotes | 7/1/1991 | See Source »

...everyone in the press, including Malcolm supporters, was happy with a decision that seemed to condone outright inventions -- between quotation marks -- in works of nonfiction. But the possibility threatened by Masson's appeal to the Supreme Court -- a draconian definition from the bench of how journalists should write their stories -- seemed even worse. A number of news organizations, including the American Society of Newspaper Editors and Time Warner, filed amicus briefs in support of the New Yorker...

Author: /time Magazine | Title: Justice Comes in Quotes | 7/1/1991 | See Source »

...would think that receiving an award from the Commerce Department would be honor enough for any corporation. According to the Texas attorney general's office, you would be wrong. Last October General Motors' Cadillac division won the government's Malcolm Baldrige National Quality Award and the right to mention the medal in its advertising -- a right GM exercised. The campaign had immediate results: lawyers for Texas complained that ads citing the award violated the state's Deceptive Trade Practices Act. Newspaper spreads boasted that "167,000 applicants" had vied for the Baldrige when in fact only 97 had applied...

Author: /time Magazine | Title: AWARDS Did GM Add to Its Ads? | 6/10/1991 | See Source »

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