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Identifying an alleged criminal by his nickname can be libel, so long as some people would recognize the person by that nickname. A newspaper publishes a statement that the officers of a corporation have embezzled its funds. The damage to them probably would thus be considerably less than to the Phi Kappa Psi members. The fraternity as an organization: Corporations and unincorporated associations that have recognized legal identities (such as unions, partnerships and the like) can also sue for defamation that causes injury to their organizational reputation, independently of whether any member was defamed. (In many states, even nondefamatory falsehoods about a person can be actionable under the “false light” tort if they would be highly offensive to a reasonable person; but the false light tort isn’t recognized in Virginia.) E. What more do the plaintiffs need to show to prevail? The fraternity members are almost certainly “private figures,” and I suspect that the local chapter and even the national fraternity likely would be, too. The difference between private and public figures here is just that private figures can recover actual damages based on just a showing of negligence. Butts (1967).) Moreover, while different people might dispute whether the accusations here were indeed “highly improbable,” a plaintiff could subpoena the editors and ask whether they themselves consciously entertained doubts about the story. Lando (1979) confirms that such discovery is potentially available.
The SAF receives its money from mandatory student fees and is designed to support a broad range of extracurricular student activities related to the University's educational purpose. § 1983 alleging, that the refusal to authorize payment violated their First Amendment right to freedom of speech. (a) The Guideline violates the principles governing speech in limited public forums, which apply to the SAF under, discrimination because of the speaker's specific motivating ideology, opinion, or perspective -- which is presumed impermissible when directed against speech otherwise within the forum's limitations, 508 U. __, __, in which the Court held that permitting school property to be used for the presentation of all views on an issue except those dealing with it from a religious standpoint constitutes prohibited viewpoint discrimination. (b) The University's attempt to escape the consequences of by urging that this case involves the provision of funds, rather than access to facilities, is unavailing. Its argument that the scarcity of public money may justify otherwise impermissible viewpoint discrimination among private speakers is simply wrong. The Guideline at issue has a vast potential reach: the term "promotes" as used there would comprehend any writing advocating a philosophic position that rests upon a belief (or nonbelief) in a deity or ultimate reality, while the term "manifests" would bring within the prohibition any writing resting upon a premise presupposing the existence (or nonexistence) of a deity or ultimate reality. The SAF Guidelines have a separate classification for, and do not make third-party payments on behalf of, "religious organizations," and WAP did not seek a subsidy because of its Christian editorial viewpoint; it sought funding under the Guidelines as a "student . Such censorship would be far more inconsistent with the Establishment Clause's dictates than would governmental provision of secular printing services on a religion-blind basis. SOUTER, J., filed a dissenting opinion, in which STEVENS, GINSBURG, and BREYER, JJ., joined.
CIOs must include in their dealings with third parties and in all written materials a disclaimer stating that they are independent of the University and that the University is not responsible for them. After the District Court granted summary judgment for the University, the Fourth Circuit affirmed, holding that the University's invocation of viewpoint discrimination to deny third-party payment violated the Speech Clause, but concluding that the discrimination was justified by the necessity of complying with the Establishment Clause. The Guideline invoked to deny SAF support, both in its terms and in its application to these petitioners, is a denial of their right of free speech. Here, as in that case, the State's actions are properly interpreted as unconstitutional viewpoint discrimination, rather than permissible line-drawing based on content: By the very terms of the SAF prohibition, the University does not exclude religion as a subject matter, but selects for disfavored treatment those student journalistic efforts with religious editorial viewpoints. Although it may regulate the content of expression when it is the speaker or when it enlists private entities to convey its own message, 461 U. It is difficult to name renowned thinkers whose writings would be accepted, save perhaps for articles disclaiming all connection to their ultimate philosophy. TOP Opinion KENNEDY, J., Opinion of the Court JUSTICE KENNEDY delivered the opinion of the Court.
Likewise, if there was only one man in the discussion group, then he, too, could be reasonably perceived as the alleged rapist by readers who know he was in the group, but who don’t know what fraternity he was in — for instance, other discussion group members, or other classmates who had seen the discussion group together and remembered who was in it. But on the other hand, the Rolling Stone article appears to suggest that this was an initiation ritual for the fraternity’s members, which could be seen as implying that most fraternity members had likewise participated in other gang rapes, or might identify a particular subgroup of fraternity members as likely participants. Individuals can recover such emotional distress damage, even above and beyond actual lost income. Identified university officials or identifiable allegedly callous friends of Jackie’s: I won’t talk about this much, because this post is already very long. Sullivan (1964) famously held that government officials can prevail in defamation lawsuits only if they can show that the defendant knew the statement was false, or was reckless about the possibility of falsehood — but it also, less famously, held that government entities can’t sue for defamation, period, regardless of the defendant’s mental state: “[P]rosecutions for libel on government,” the court repeated in Rosenblatt v. So even if someone deliberately lies about the University of Virginia, and this lie damages the university’s reputation, the university can’t win a libel lawsuit against the person. Under the right circumstances, reporting that there was a particular rape at or near a private university, knowing the statement was false or reckless about the possibility of falsehood, might thus be actionable on this theory as well. And, again, the individual members wouldn’t be public figures, unless there’s something about them that I don’t know. Private figures can recover for “actual harm inflicted by defamatory falsehood” — including “impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering” — if they can show that the defendant was negligent in its investigation. It documents what strike me as major departures from reasonable investigative journalism practices; read the report or the excerpts I posted, and I think you’ll be persuaded. Private figures can also recover “presumed damages” — damages aimed at compensating for likely harm to reputation even if no specific financial loss can be proved — and punitive damages if the defendant published statements knowing that they were false, or with reckless disregard of the risk of falsehood.
The story also says that the rapists “called each other nicknames like Armpit and Blanket.” If those are actual nicknames of Phi Kappa Psi members, then they could have a case, on the theory that they were defamed in the eyes of those who knew the nicknames. And that could indeed “cast a reflection upon each [fraternity member]” (to quote the Restatement) and “defame[ each] by the suspicion attached to him by the accusation.” Careful readers will have noticed that this defamation-of-a-group theory could apply much more firmly to the men in Jackie’s “tiny anthropology discussion group,” if there were only two or three: A man’s being identified as being 50 percent or even 33 percent likely to be a rapist certainly “cast[s] a reflection” and “defame[s] by the suspicion attached to him by the accusation.” Those men, though, would probably be identifiable as such only to a small number of people (unless they had somehow been publicly identified following the publication of the story, and I’ve heard no evidence of that). But I should note that one university official has said that his public statements were mischaracterized in the Rolling Stone article, and another university official has said that Rolling Stone “made numerous false statements and misleading implications” about how the official acted “as the Chair of University of Virginia’s Sexual Misconduct Board.” If those statements are indeed false, then they may be seen as defamatory and thus potentially libelous. Baer (1966) — in a context that covered lawsuits and not just criminal prosecutions — are something that “the Constitution does not tolerate in any form.” And the Virginia Supreme Court echoed this in Dean v. Now if someone says about a private university that it doesn’t adequately protect its students (because it doesn’t adequately investigate alleged rapes and thus doesn’t do enough to prevent future rapes), that might be a libel of the university. But none of this matters here, because the University of Virginia is a public university, and like other public entities — police departments, government-run ski resorts, cities, counties, states or the federal government itself — it cannot take advantage of the libel claims that are available to nongovernmental organizations. Say that a fraternity member, all fraternity members, or the fraternity itself can sue, and say that the statements are false and defamatory. (This is often called the “actual malice” standard, though that is a legal term of art that has little to do with “actual malice” in the plain English sense of the word; I’ll instead call this the “recklessness” standard, since in this case the allegation would be that Rolling Stone was reckless about the risk of falsehood, not that it deliberately lied.) Even public figures can recover actual damages, presumed damages, and punitive damages if they can show this recklessness as to falsehood.
There just doesn’t seem to be a person to whom someone could reasonably (but mistakenly) point and say, “That’s probably that ‘Drew’ from the Rolling Stone article.” The matter might be different as to the alleged rapist whom Jackie says she recognized as having “attended her tiny anthropology discussion group.” If a Phi Kappa Psi member was indeed in that group, then he might be so identified by fellow group members, and by anyone they tell about this. Assuming that half of the Greek system members are men, there would be about 80 members per fraternity. And the central fraternity could also sue for similar losses, on the theory that its reputation has been tarnished both at UVA and elsewhere. 2010) (that’s the Winfrey), which holds that an allegation that a junior high school principal doesn’t do enough to investigate alleged abuse of students could be defamatory; I think a similar allegation about a university official could be defamatory of that official, and of the university more broadly, in the right circumstances. 1999) concluded that Hewlett-Packard isn’t a public figure, and although I think that’s wrong, public figure status isn’t as broadly imposed on corporations as one might think. 1989) concludes that the bank wasn’t a public figure.
(I think reasonable readers could infer from the article that all or most of the alleged rapists were claimed to be Phi Kappa Psi members.) I haven’t seen, though, any published reports confirming whether there was a Phi Kappa Psi member in that group. If that’s about the size of Phi Kappa Psi, then it might be too large for the defamation-of-a-group theory to apply, especially because the allegation is about nine members (again, assuming the article is read as suggesting that all or most of the rapists were fraternity members). On the other hand, the organizations can’t recover damages for the emotional distress flowing from the injury to their reputations (since they lack emotions). Likewise, even apart from a claim of culpable lack of investigation, if someone says there was a serious crime against a patron of a particular establishment — whether a bar, a hotel or a university — and the speaker knows the statement is false or recklessly disregards the risk of falsehood, that might be the tort of “injurious falsehood.” (This could also be labeled a form of the “trade libel” tort, but as to quality of services and not quality of goods.) The Restatement (Second) of Torts § 623A provides that, One who publishes a false statement harmful to the interests of another is subject to liability for pecuniary loss resulting to the other if (a) he intends for publication of the statement to result in harm to interests of the other having a pecuniary value, or either recognizes or should recognize that it is likely to do so, and (b) he knows that the statement is false or acts in reckless disregard of its truth or falsity. In particular, a precedent in the federal Fourth Circuit (which contains Virginia), Blue Ridge Bank v. This suggests that a fraternity chapter and even the national fraternity probably wouldn’t be one, either.
Professor Cross served as a Counsel in the Office of the Legislative Counsel to the U. House of Representatives, an office that works with the House of Representatives to draft legislation on a non-partisan, impartial, and confidential basis. Before the Law Library, Kretschmar worked at the Thomas Cooper Library on the University of South Carolina’s Columbia campus. Robert Bockman, Senior Legal Writing Instructor, has been appointed interim commissioner of the South Carolina Public Service Commission by Gov. During his appointment, he will take a leave of absence from the School of Law.
Professor Wallace teaches Income Tax and Corporate Tax.
The program's neutrality distinguishes the student fees here from a tax levied for the direct support of a church or group of churches, which would violate the Establishment Clause. A public university does not violate the Establishment Clause when it grants access to its facilities on a religion-neutral basis to a wide spectrum of student groups, even if some of those groups would use the facilities for devotional exercises. There is no difference in logic or principle, and certainly no difference of constitutional significance, between using such funds to operate a facility to which students have access, and paying a third-party contractor to operate the facility on its behalf.Tags: Adult Dating, affair dating, sex dating