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Herbert Meisler v. Gannett Company, Inc. USA Today

Citations: 12 F.3d 1026; 22 Media L. Rep. (BNA) 1214; 1994 U.S. App. LEXIS 1359; 1994 WL 7145Docket: 92-7052

Court: Court of Appeals for the Eleventh Circuit; January 28, 1994; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal by Herbert Meisler against a summary judgment in favor of Gannett Co., Inc. and USA Today in a libel suit. The controversy arose from the formation of the American Racing Group and subsequent disciplinary actions by the Wisconsin Racing Board against Dairyland Greyhound Park. Meisler claimed that a USA Today report falsely stated he was required to pay a settlement and relinquish ownership due to board violations. The district court granted summary judgment, ruling that Meisler, as a public figure, failed to provide clear and convincing evidence of actual malice, defined as knowledge of falsity or reckless disregard for the truth. On appeal, Meisler argued the presence of actual malice, citing the publication's false statements and the negligence in not considering a second newswire. However, the court held that the evidence did not demonstrate serious doubts about the publication's truth, and expert testimony confirmed there was no high awareness of probable falsity by the defendants. Consequently, the summary judgment was upheld, affirming that the defendants' conduct amounted to negligence, insufficient for actual malice.

Legal Issues Addressed

Defamation and Actual Malice

Application: The plaintiff, as a public figure, must demonstrate that the defendants acted with actual malice, meaning they knew the statements were false or acted with reckless disregard for the truth.

Reasoning: Meisler, acknowledging his status as a public figure, must demonstrate actual malice—defined as knowledge of falsity or reckless disregard for the truth.

Reckless Disregard for the Truth

Application: Reckless disregard is established if the defendant had serious doubts about the truth of the publication, which was not proven in this case.

Reasoning: Reckless disregard in proving actual malice is established if the defendant had serious doubts about the truth of their publication, as articulated in St. Amant v. Thompson.

Standard of Review for Summary Judgment

Application: The appellate review of the summary judgment decision is de novo, considering the evidence in the light most favorable to the non-moving party.

Reasoning: The review of summary judgment decisions is de novo, considering evidence in the light most favorable to the non-moving party.

Summary Judgment in Defamation Cases

Application: The court affirmed summary judgment in favor of the defendants, as the plaintiff failed to present clear and convincing evidence of actual malice.

Reasoning: The court ultimately affirmed the summary judgment, indicating that the evidence did not substantiate a claim of actual malice against the defendants.