A New Twist
I wrote about this case last week. Here it is again in more detail. A common-law doctrine known as the fair-report privilege protects journalists who accurately report what’s said and written in a public forum. If on the floor of the city council Alderman Doe calls Alderman Smith a drunken, adulterous embezzler, the Daily Reflux can report the accusation without worrying about how true it is. If Alderman Smith sues the Daily Reflux for defamation, the only burden on the Reflux is to demonstrate that it accurately reported Alderman Doe’s language. If it did, the judge will toss out the suit. The paper would also be protected if it repeated what Doe said about Smith in a lawsuit.
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Will the supreme court agree? It heard oral arguments in Solaia on March 21, and two weeks later it invited Anne Burke to join the club. What’s up with that? Would the court invite Burke to join the club and then insult her by overturning her? Does the court intend to welcome her by affirming her opinion? Even if the court decides Solaia before Burke formally joins in July, it knows she’s coming.
“They were guaranteed anonymity to encourage candor.”
“The buyer was Stephen A. Wynn, the Las Vegas casino owner and collector, confirmed two people familiar with the transaction, speaking on condition of anonymity for fear of being accused of betraying confidences.”
