 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Batson v. Shiflett3/12/1992
l malice standard is subjective -- it rests on the defendant's state of mind at the time of publication, and is a
fact intensive inquiry. Sharon v. Time, Inc., 599 F.Supp. 538, 564 (S.D.N.Y.1984). Plaintiff will "rarely be successful in proving awareness of falsehood from the mouth of the defendant himself." Herbert, 441 U.S. at 170, 99 S.Ct. at 1645, 60 L.Ed.2d at 130. Absent such an admission, a public figure's proof must rely solely upon circumstantial evidence, Hunt v. Liberty Lobby, 720 F.2d 631, 643 (11th Cir.1983), which, by itself, can establish actual malice and override a defendant's claim of good faith and honest belief that his statements were true. Schiavone Const. Co. v. Time, Inc., 847 F.2d 1069, 1090 (3d Cir.1988).
The use of circumstantial evidence to prove actual malice is explicitly permitted and encouraged by St. Amant. R. Smolla, Law of Defamation, ยง 3.14 , at 3-38 (1992). " ctual malice [may be inferred] from objective facts . . . . These facts should provide evidence of negligence, motive, and intent such that an accumulation of the evidence and appropriate inferences supports the existence of actual malice." Bose Corp. v. Consumers Union of United States, Inc., 692 F.2d 189, 196 (1st Cir.1982), aff'd, 466 U.S. 485, 104 S.Ct. 1949, 80 L.Ed.2d 502 (1984). In Harte-Hanks, supra, the Supreme Court specifically adopted this view, stating that "a plaintiff is entitled to prove the defendant's state of mind through circumstantial evidence, and it cannot be said that evidence concerning motive or care never bears any relation to the actual malice inquiry." 491 U.S. at 668, 109 S.Ct. at 2686, 105 L.Ed.2d at 577 (citations omitted). The Court examined the publisher's motivation and held that the cumulative impact of the subsidiary facts established the existence of serious doubt which the publisher attached to its story. This circumstantial evidence alone, provided clear and convincing evidence of intent to avoid the truth, establishing actual malice. Thus, while ill will, hatred or the desire to injure taken alone, are insufficient to establish actual malice, they have probative force in demonstrating actual malice.
At trial, Shiflett acknowledged that he had the burden of proving, by clear and convincing evidence, that
petitioners published their defamatory statements with actual malice. Shiflett provided substantial circumstantial evidence of petitioners' motives and intent to remove him from office, by any means. Once Batson raised objections to the Local 33/Bethlehem agreement and the General Executive Board rejected the agreement, Batson informed Shiflett and Harmon that he intended to place Local 33 under trusteeship and remove them from office. Litigation ensued, and the federal court enjoined the trusteeship proceedings. Thereupon, beginning in the summer and fall of 1984, and lasting through the summer of 1985, petitioners mounted a campaign against Shiflett to discredit him and remove him from office.
The intensity of petitioners' campaign escalated with the publication of each flyer. Flyer No. 1 discussed the contract dispute and raised questions concerning financial reports and expense reimbursements to Shiflett, implying impropriety. Flyer No. 2 accused Shiflett of lying and conspiring with Bethlehem. With Flyer No. 3, the attacks intensified, accusing Shiflett of various "crimes," implying misuse of union funds, and announcing petitioners' intent to "punish" Shiflett. Flyer No. 4 added the misuse of petty cash to petitioners' previous suggestion of financial improprieties. The campaign escalated with Flyer No. 5, which accused Shiflett of misuse of Local 33's funds. Finally, Flyer No. 6 repeated the charge of misappropriat
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|