Essay on "Legal Brief: Hotjox Magazine Facts"

Essay 3 pages (1257 words) Sources: 3

[EXCERPT] . . . .

3d 1040). Furthermore, even if alternative interpretations of the headline would not be defamatory, if a reasonable reading of the headline would be defamatory, then a defendant would not be entitled to summary judgment. Furthermore, although a publication, as a whole, must be defamatory in order to sustain a defamation lawsuit, not every aspect of it must be defamatory to sustain a libel action (162 F.3d 1040). The fact that a later article may clear up any defamatory meaning is a question of fact for the jury and does not support summary judgment for a defendant in a libel or defamation lawsuit (162 F.3d 1041).

In order to maintain a false-light invasion of privacy claim, a plaintiff must demonstrate actual malice. "Actual malice is a statement made with a reckless disregard for truth. Actual malice can be established through circumstantial evidence. High degree of awareness of falsity is required to constitute actual malice" (U.S. Legal, 2013). The standard for actual malice becomes higher when a plaintiff is a public figure. "One of the standards required for actual malice is that the plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication, or acted with a high degree of awareness of probable falsity" (U.S. Legal, 2013). Even if there is conflicting evidence on whether actual malice existed, a plaintiff is entitled to a trial on the issue (162 F.3d 1042). That a staff member for the publication had reservations about a headline could provide evidence of actual malice (162 F.3d 1042).

Analysis: The use of sexually suggestive language with Studley's photograph was enough to give the average reader the impression that Studley was featured in sexually explicit or sexually-oriented way in the magazine. In fact, the use of the term Olympic, combined with the fact that Studley was an Olympian, certainly suggested that Studley would be one of the men featured, nude, in the magazine. The fact that Studley's feature in the magazine was not nude and was not sexually explicit did not necessarily change the false-light tone of the headlines. Whether the publication, taken as a whole, was defamatory was a jury question because of the false-light element of the headlines.

Moreover, there is some evidence that the magazine engaged in actual malice. Deposition testimony demonstrates that at least one staffer had concerns that the use of Studley's image with those headlines would lead people to conclude that Studley had posed nude for the magazine. Other testimony in the deposition suggests that the editor did not believe that the headline would convince the average reader that Studley was nude in the magazine. However, resolving those issues is a matter for the jury, and, because there is evidence to support a claim of actual malice, summary judgment is inappropriate.

Conclusion: The Court should not grant summary judgment in favor of Hotjox magazine. The magazine presented information about or concerning Studley that was presented as factual but that may have created a false impression that he was nude in the magazine. This information stated or implied something that, according to Studley, did injure his reputation. As a result, a false-light invasion of privacy may have occurred in the case, so that Studley should have the opportunity to present his case to a jury. Moreover, even though Studley was a public figure, if Hotjox published the headlines knowing that they would convey a false impression about Studley that would constitute actual malice.

References

Cooper, J. (2013). Invasion of privacy- false light. Retrieved April 20, 2013 from Eastern

Michigan University website: http://www.emunix.emich.edu/~jcooper/emlaw/unit5_fl.html

Kaelin v. Globe Communications Corp. (9th Cir., 1998) 162 F.3d 1036.

Time, Inc. v. Hill, 385 U.S. 374 (1967).

US Legal. (2013). Actual… READ MORE

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