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Can I sue a Newspaper for libel or something?
Anonymous2 views3 answers
A local newspaper printed 4 articles about me, all of which was false/ biased/one sided. They stated that I was involved in criminal activity (I have never even been arrested for anything ever) The lied about many other matters and didn't fact check anything. As a sexual assault victim, they should not have printed my full name, but they did. I would like to sue the paper for substantial monetary damages. How can I do this? Is anyone interested in taking this case on a contingency?
In CA, the elements of a libel/defamation claim are: 1) intentional publication of a statement of fact 2) that is false 3) unprivileged 4) has a natural tendency to injure or which causes "special damage," and 5) the defendant's fault in publishing the statement amounted to at least negligence.
The press does have a lot of rights, including the right (even the duty) to print legitimate news to inform the public. Truth is an absolute defense to a claim of defamation, and even defamatory statements can be "substantially true" and not libelous.
You don't specify what they published that was factually, provably false. Negative opinions, and statements that are mostly true aren't actionable. You haven't specified how the statements have harmed you or or any details about why the press would be motivated to be biased and how it could constitute malice. If there were 4 articles because you're a well known person in the community, you might be considered a "public figure," which would mean that the press has more latitude and you'd need to prove actual malice on their part and not just negligence.
The statement that you were involved in crimincal activity sounds like a statement that could be considered "slander per se," so special damages do not have to be proved.
You only have 1 year from publication to sue for defamation in CA, so see a business litigator quickly to fully disclose the facts of your situation and get your potential case evaluated. Defamation cases are hard to win, and without disclosing any detail about your damages and how big the potential case is --you basically need a stellar reputation, which was damaged in amesurably way, such as by job loss-- you'll have a difficult time finding a lawyer to take the case on a contingency basis. Also, a lawsuit has the practical downside of basically re-publishing the statements and shining more light on something you felt should never have been published in the 1st place.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
If the newspaper was merely reporting what was stated in court, or contained in court documents, and made it clear that they were reporting such events, the paper would not be liable for defamation.
On the other hand, if the paper stated as fact that you had engaged in criminal conduct, and not merely reported that someone else accused you of such misconduct, it could arguably be liable.
Please bear in mind that truth is an absolute defense to any defamation claim.
So, before you sue a newspaper for libel, be sure you have nothing to hide in terms of past criminal activity.
I would strongly urge you to consult immediately with a litigator skilled in this area of the law.
PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.
My colleagues have given good advice on this point. Newspapers have wide latitude in constitutionally protected free speech. Generally, editorial bias and one-sidedness are not enough to make a defamation case; specific facts need to be stated as true in the article when in reality they are demonstrably false. Most press outlets are clever about using "weasel words" such as "allegedly" or "reportedly" to avoid stating negative facts as truth for this very reason. These are difficult cases to litigate and win. If you are seriously concerned about long-term damage from these articles, consult a litigator with experience representing plaintiffs in defamation cases. He or she should be able to counsel you after carefully reviewing the precise wording of each article. Good luck.