libel example

1

Carol Burnett’s libel suit against the

National Enquirer

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The National Enquirer wrote…“In a Washington restaurant, a boisterous Carol

Burnett had a loud argument with another diner, Henry Kissinger. Then she traipsed around the place offering everyone a bite of her dessert. But Carol really raised eyebrows when she accidentally knocked a glass of wine over one diner and started giggling instead of apologizing. The guy wasn't amused and 'accidentally' spilled a glass of water over Carol's dress.”

3

Here’s what really happened…Carol Burnett, her husband and three friends were

having dinner at the Rive Gauche restaurant in the Georgetown section of Washington, D.C. The date was January 29, 1976.

4

Here’s what really happened…Respondent was in the area as a result of being

invited to be a performing guest at the White House. In the course of the dinner, respondent had two or three glasses of wine. She was not inebriated.

5

Here’s what really happened…She engaged in banter with a young couple seated

at a table next to hers, who had just become engaged or were otherwise celebrating.

6

Here’s what really happened…When curiosity was expressed about respondent's

dessert, apparently a chocolate soufflé, respondent saw to it the couple were provided with small amounts of it on plates they had passed to her table for the purpose.

7

Here’s what really happened…Perhaps from having witnessed the gesture, a

family behind respondent then offered to exchange some of their baked Alaska for a portion of the soufflé, and they, too, were similarly accommodated.

8

Here’s what really happened…Ms. Burnett was later leaving the restaurant, she

was introduced by a friend to Henry Kissinger, who was dining at another table, and after a brief conversation, respondent left with her party.

9

Carol Burnett sued the National Enquirer for libel

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Basic “elements” of libel:

• Something was written (or at least put in “permanent” form)

• Written thing was false• Written thing shown to a third party• Written thing hurt someone or someone’s

reputation (not just offensive or insulting)

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The jury awarded Ms. Burnett

• $300,000 compensatory damages

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The jury awarded Ms. Burnett

• $300,000 compensatory damages• And $1.3 million punitive damages

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The judge reduced the amount to

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The judge reduced the amount to

• $50,000 compensatory damages

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The judge reduced the amount to

• $50,000 compensatory damages• and $750,000 punitive damages

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The National Enquirer appealed to the Court of Appeal. The Appeals Court decided they had to pay…

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The National Enquirer appealed to the Court of Appeal. The Appeals Court decided they had to pay…

• $50,000 compensatory damages• And $150,000 punitive damages

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Basic “elements” of libel:

• Something was written (or at least put in “permanent” form)

• Written thing was false• Written thing shown to a third party• Written thing hurt someone or someone’s

reputation (not just offensive or insulting)

19

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