Defamation of athletes by sport media
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A presentation about how athletes have been defamed by the media and the legal issues surrounding some cases.
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Defamation of athletes by sport media
- 1. Adam Elsayed, Chelsea Frazier & Alec Villiva
- 2. Overview • Introduction • Cases and Legal Briefs • Conclusions & Recommendations • What We Learned
- 3. Introduction • Defamation • Libel • Slander • Athletes=Public Figures • Defenses Against Defamation (McMillen2010)
- 4. Cases • Gertz vs Robert Welch Inc. • Private individuals require a greater level of protection • May only be recovery for damages sufficient enough to be actual injuries • Price v. Time Inc • Michael Price sued over an article in Sports Illustrated Gertz v. Robert Welch, Inc., Price v. Time Inc. 418 U.S. 323 (1974) 2003
- 5. Cases cont. • Mickelson v. Videotron S.E.N.C. • Phil Mickelson and his wife were both said to have been having affairs • Still unsettled • Pacquiao v. Mayweather • Pacquiao claimed Mathweather’s team was saying he was taking PED’s • Still ongoing Mickelson v. Videotron S.E.N.C. 2012 Pacquiao v. Mayweather 2011
- 6. Curtis Publishing Co. v. Butts 338 U.S. 130 (1967) • Key Facts • Plaintiff Arguments • Defendant Arguments • Holding • Summary
- 7. New York Times Co. v. Sullivan 376 U.S. 254 (1964) • Key Facts • Plaintiff Arguments • Defendant Arguments • Holding • Summary
- 8. Conclusions & Recommendations • Best defense=Preemptive • Training for anyone who may speak to media • Know the difference between opinion and defamation
- 9. What We Learned • More than just libel or slander- Plaintiff’s status is also crucial • Not many athletes have sued the media • Hard to prove, especially for public figures • May become more common in future- growth of internet and TV coverage
Editor's Notes
- -Defamation is when one person makes a statement about someone else that is meant to harm the reputation of the other person to lower how they appear to the community and other parties. A valid claim of defamation is proven by four elements, which are 1) A false and defamatory statement of fact; 2) An unprivileged publication to a third party; 3) Fault or negligence of the publisher; and 4) Damage or actual injury. There are two main types of defamation: slander and libel. Slander is communicating the defamatory statement through spoken word, and libel is communicating the defamatory statement through written or printed statements. There is also libel or slander per se if the defendant alleges the plaintiff of one of four things: 1) Plaintiff is accused of a crime involving moral immorality 2) The plaintiff’s abilities in their profession or trade are adversely affected 3) The plaintiff is accused of having a loathsome disease or 4) The plaintiff is accused of sexual misconduct -A public figure is defined as someone who can sufficiently command public interest on a continuous basis. -There are three common defenses to defamation. One is truth, which will always be an absolute defense against defamation. A second is absolute privilege, which only applies to those who are in executive, administrative, judicial or legislative branches of government. A third defense is qualified or conditional privilege, which applies in certain situations that require communication be protected so that society as a whole can be benefitted. A statement must have 3certain qualities to fall under this category, which are: “1) Speaking without knowledge of falsity; 2) It was spoken by a person with reason to communicate the statement, and 3) The statement was communicated only to a person with a “justifiable interest in knowing”
- -Gertz vs. Robert Welch Inc. it was found that private individuals require a greater level of protection because they are more vulnerable to injury. However, while private individuals deserve more protection, there may only be recovery for damages that are sufficient to compensate him for actual injuries.-Price v. Time Inc. was the case of the former University of Alabama Head Football coach Michael Price sued Time Inc. because of an article in Sports Illustrated. The article was written using confidential sources that were interviewed about Price’s actions at a Pensacola Gentlemen’s Club and Hotel. The article specifies Price’s actions and as a result of the scandal Price was terminated as Head Coach of the team. In 2005 Price and Time Inc. settled outside of court for an undisclosed sum of money.
- -Mickelson v. Videotron S.E.N.C was a lawsuit filed by golfer Phil Mickelson to learn the identity of the author of a defamatory statement about accusations of infidelity by both Mickelson and his wife Amy. The posts include accusations that Mickelson had fathered a child with another woman and that his wife has ongoing affairs. The goal of the lawsuit was to learn the identity of the author and then bring forth a defamation lawsuit against the perpetrator. As of February 2012 the case was still ongoing against the Internet service provider. -Pacquiao v. Mayweatherwas a defamation lawsuit filed by boxer Manny Pacquiao against Floyd Mayweather Jr., Roger Mayweather, and Floyd Mayweather Sr. The lawsuit is based upon the accusations that the Mayweather team were slandering Manny Pacquiao’s reputation by accusing him of taking performance enhancing drugs. The case is still ongoing and a resolution or settlement has yet to agreed upon.
- Key Facts: A periodical owned by the Curtis Publishing Co. printed an article that accused former University of Georgia football coach, Wally Butts of conspiring over the phone with Alabama’s football coach so that Georgia would lose the game. Butts sued Curtis Publishing Co. for libel and won $60,000 in damages and received a $30,000 in punitive damages. Butts was ruled a public figure, not a public official and the information was printed with reckless disregard for the truth.Plaintiff- Butts argued that while the call had taken place, the content of the call was general football talk, and not information Alabama’s coach could use to win the game. Expert witnesses showed that notes about the phone call from the publishing company’s informant and game film did not match up.Defendant-The publishing company asserted that their informant had overheard the phone call and had notes of what had been exchanged which could prove truth of the article. After New York Times decision, Curtis Publishing Co. filed in trial court for a new trial.Holding- Curtis Publishing Co. was liable for damages that were a result of their statements about ButtsSummary- The court held that because expert witnesses could show that the notes from the phone conversation did not match up to film from the game, that the statements made were false. The court also stated that though Butts was not a public official, he still had the right to collect damages due to the harm done to his reputation.
- Key Facts- City commission in Alabama sued the NY Times for an advertisement that they said made claims against 4 individuals whose names were published in the advertisement.