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Thursday
Sep112008

Liability for Injurious Publication

You will recall the case of O'Connell v. Irish Times in which the newspaper was held liable for distress caused by negligently inaccurate reporting. It still awaits an appeal hearing.

Now, from Florida, I learn of an interesting case against CNN involving similar (but not identical) issues.

A woman, who may or may not have had a bad conscience about something, was interviewed so aggressively that, allegedly, she was driven to suicide. Her next-of-kin are seeking compensation. Their lawyer, Kara Skorupa, said while she is a firm believer in free speech, "you can't hide behind the First Amendment. If you harm somebody, you can't hide behind an amendment that was never meant to shield you from liability," she said.

We will follow developments with interest.

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