4 ms·
In the US it is very hard to win a libel case (as the plaintiff). Basically, you have to prove that the news agencies intentionally and maliciously libeled you.
by brianchu 14y ago
In the US it is very hard to win a libel case (as the plaintiff). Basically, you have to prove that the news agencies intentionally and maliciously libeled you. This is pretty darn near impossible to prove in most cases. If I recall correctly, an example of a case where a libel lawsuit would be successful is one where the new agency makes up something or encourages a source to make up something.
EDITS (replies to below):
Defamation laws in the US are actually very complex and in certain cases ambiguous. Different states have different standards for civil liability. In Gertz v. Robert Welch (https://en.wikipedia.org/wiki/Gertz_v._Robert_Welch,_Inc. https://en.wikipedia.org/wiki/Gertz_v._Robert_Welch,_Inc.), which involved a newspaper publishing lies about a non-public official, the Supreme Court held that state defamation laws had to have the plaintiff prove at the very least fault of some kind on the defendant's part, and that for punitive damages malice must be proved. The court also found that people cannot be made into a public official.
Certain statements are considered to be inherently damaging and fault does not need to be proved.
Regardless, clearly Ryan Lanza does not have a case since law enforcement officials did originally identify him, wrongly, as the suspect. The police were clearly not negligent because the reason they ID'd him as the gunman was because his ID was found on the gunman's body. I don't know if the news actually stated as a fact that he was guilty.
- DannyBee 14y agoThis is not true. The standard of actual malice applies only to public figures.
- dkokelley 14y agoOK. So he was identified as the suspect. First, is there a case against the police? This is assuming that it was police recklessness/negligence and Ryan was never an actual suspect. Second, having been identified as the suspect, did any of the media outlets go on to defame him given that he was not actually tried and convicted? If XYZ News Corp receives the name from an official statement saying he is the suspect, and then runs a story accusing him of murder, does that make them libelous? I'm sure there are editorial standards about what can be said of a person between being declared a suspect and declared guilty.
- peeters 14y ago> Regardless, clearly Ryan Lanza does not have a case since law enforcement officials did originally identify him, wrongly, as the suspect. They did? The article made it sound like they used the name Ryan Lanza, but that they didn't identify which Ryan Lanza.