Re: Case Studies

In Message Tue, 1 Feb 1994 18:03:03 -0500,   Donald Berman <berman[_at_]ccs.neu.edu> writes:

> Plaintiff is libeled and wins a verdict.
>D appeals and the court affirms the Plaintiff's verdict but "republishes"
>the libel in writing its opinion. I take it that distributing a copy of
>the opinion is not libel - how about distributing the complaint before
>trial - how about distributing the article to ask students whether its
>worth filing a complaint? But perhaps I missing something and should be
>more cautious in the advise I give.

Here again we're dealing with very specific kinds of immunities and privileges. The court, in writing its opinion, however misguided it may be, is absolutely privileged (i.e., immune) from liability; one who reports on that proceeding is also privileged (by a different recognized privilege). A complaint, as part of a legal proceeding, is immune. Jurisdictions differ, however, as to when the immunity attaches (e.g., upon filing, serving the complaint, etc.) I doubt that anyone would immunize a prospective complaint shown to students (nor is there any reason to do so, pedagogical or otherwise, if the content is defamatory). The issue is, and ought to be complicated since, at bottom, someone's reputation is involved.

shalpern[_at_]magnus.acs.ohio-state.edu
Sheldon W. Halpern
Ohio State University College of Law
Phone (614) 291-7525 (voice); (614) 291-3554 (fax) Received on Wed Feb 02 1994 - 22:45:29 GMT