What Are the Libel Laws in Indiana?

[shmessy]

A misquote of a public figure's statement can be a basis for a libel suit only if (1) the misquote was altered with malice, (2) the context of the article was such that readers would assume the quote was an actual quote not a paraphrase, (3) the change in quote constitutes a significant and defamatory difference. Masson v. New York Magazine. U.S. Supreme Court, 1991.

Moreover, a single instance of misquoting in one article is virtually never a basis for libel unless it fundamentally changes the meaning in a way that constitutes defamation per se.

This is not actionable libel.

Point by point, I'll argue it does:

1) Kravitz has by now been fully informed of the misquote. If he or the Indy Star do NOT issue a correction/retraction, then there IS malice.

2) No one can argue against that the "readers would assume the quote was an actual quote not a paraphrase"

3) "Significant and defammatory difference" can be argued here. Vrabel is from the Midwest, played at OSU, still is big in that region. He has stated that after the NFL he wants to get into coaching. You don't think misquoting him in a Midwestern paper does him any damages going forward? It can definitely BE ARGUED.

 

[shmessy]

I am daily amazed at the laziness of these columnists. Can't they even be bothered to do some simple fact-checking? It would seem that sports columns are held to about the same standards as internet message boards.

Actually, if there was a simple misquoting of a public figure as the basis for a thread on this board, it would be gone the minute a Mod would see it.

The IndyStar doesn't live up to our standards!

 

[speed]

Regardless if he has a case, it would be a terrible PR move for Vrabel to pursue legal action, it would only validate a media article and bring much wider attention to something that will be yesterdays forgotten news, well, tomorrow, imho.

I would bet BB would not welcome the attention something like this would bring.

 

[shmessy]

I would bet BB would not welcome the attention something like this would bring.

Priceless!

 

[speed]

Priceless!

or mayybbbe he would welcome the attention a lawsuit would bring? Are you disagreeing or agreeing or something else?

 

[PatsFaninAZ]

Point by point, I'll argue it does:

1) Kravitz has by now been fully informed of the misquote. If he or the Indy Star do NOT issue a correction/retraction, then there IS malice.

2) No one can argue against that the "readers would assume the quote was an actual quote not a paraphrase"

3) "Significant and defammatory difference" can be argued here. Vrabel is from the Midwest, played at OSU, still is big in that region. He has stated that after the NFL he wants to get into coaching. You don't think misquoting him in a Midwestern paper does him any damages going forward? It can definitely BE ARGUED.

Not really. Misquotes happen all the time. If they are of public figures, they're almost always not actionable.

1) But there's no pubication, which is the first element of defamation/libel. If the malice is aquired after publication, but there is no new publication, then there's no libel. There's no action for wrongful failure to retract after aquiring malice.

2) Read the case. In this case there is an even more significant problem that what the reporter is misquoting is another's report of the quote. This wouldn't qualify.

3) Damages isn't what this element was about. The point is that you can't base a libel suit merely on the fact that the words inside the marks weren't actually spoken, if the misquoted person is a public figure. Not only must there be a misquote, but it must be a substantial misquote in a way that fundamentally alters the character of what was said. The fact that vrabel actually used the words "washed up" in connection with a comment about something said by Shula, and it is the only purported misquote in the article, makes it a no brainer legally.

Can it be argued? I guess in the sense that Vrabel could file a complaint and it might take several months before it got dismissed.

In any event, the key point is that the mere fact that the words in the quote marks were not the words Vrabel spoke does not make it libelous.

 

[Joker]

I'm gonna sue somebody or something before this day is done

 

[Tunescribe]

Point by point, I'll argue it does:

1) Kravitz has by now been fully informed of the misquote. If he or the Indy Star do NOT issue a correction/retraction, then there IS malice.

2) No one can argue against that the "readers would assume the quote was an actual quote not a paraphrase"

3) "Significant and defammatory difference" can be argued here. Vrabel is from the Midwest, played at OSU, still is big in that region. He has stated that after the NFL he wants to get into coaching. You don't think misquoting him in a Midwestern paper does him any damages going forward? It can definitely BE ARGUED.

I think the crux of the problem here, Shmess, is that Vrabel would have to present evidence in court that the piece caused damage. The writer did a crappy thing, but extrapolating that into tangible damage to Vrabel's career is speculatory at best. IF this bothers Vrabel, he should have his lawyer contact the newspaper and the writer's editor with the tape of what Vrabel said and demand a correction.

 

[He Ban Me]

A court of law is, by definition, "hoity".

Of course, your only point of reference would be Judge Judy.

Uh, good one

I guess it is a bye week, by it appears as though you are pretty serious about this whole thing. Don't you have anything better to do, like moderate and scold those who use the term "cheatrianapolis""??

 

[Joker]

"Cheatrianapolis"..copyright Joker 2007...

 

[speed]

"Cheatrianapolis"..copyright Joker 2007...

Crap, I just quoted it above, how much do I owe you for reprinting? I hate when I do that!!! Its like saying "Threepeat", CRAP I did it again, whats Pat Rileys phone number?

 

[Tunescribe]

Don't you have anything better to do, like moderate and scold those who use the term "cheatrianapolis""??

Don't you have anything better to do than pollute a rival team's messageboard? You're like a pesky fly that won't go away. Here's to another Colts defeat on Sunday.

 

[upstater1]

You cannot base a libel suit on an opinion - simple as that. Libel suits can only be based on false statements of fact.

That's what the other poster is arguing. That Kravitz is wrong on the facts.

But that's not libel either. That's just a mistake, and it should deserve a retraction.

 

[upstater1]

You guys are actually Hoity enough to think that a court of Law would listen to such a suit

What's in the water these days in Indy? Something is making you see things. You wrote "guys." I don't see any guys here saying this is a libel suit. Only one said it. Guy singular.

 

[He Ban Me]

Don't you have anything better to do than pollute a rival team's messageboard? You're like a pesky fly that won't go away. Here's to another Colts defeat on Sunday.

Apparently, you're pretty bored too

I tried to register there once with the screen name "Quarterhickvanderjerk" and was denied.

 

[PatsFaninAZ]

I should add that although I don't think it's libelous, I do agree it's a crappy thing to do that was probably deliberate. At most, it's crappy "journalism."

 

[shmessy]

or mayybbbe he would welcome the attention a lawsuit would bring? Are you disagreeing or agreeing or something else?

Yeah. BB plans that the Patriots will fly under the radar this year, and if not, at least (he hopes) that the media attention will be positive.

 

[shmessy]

Uh, good one

I guess it is a bye week, by it appears as though you are pretty serious about this whole thing. Don't you have anything better to do, like moderate and scold those who use the term "cheatrianapolis""??

Uh, they DO cheat in Indy, but I prefer "India-No-Place". And we can say that. It's a Patriots fan website.

Are you under the impression that you are on a website that is not a partial fan site?

Wow. Can't help you there.

 

[Tunescribe]

Apparently, you're pretty bored too

That was three years ago, I've grown up since then. You should follow my example.

 

[shmessy]

Crap, I just quoted it above, how much do I owe you for reprinting? I hate when I do that!!! Its like saying "Threepeat", CRAP I did it again, whats Pat Rileys phone number?

You can keep "threepeat", we're onto different and better things in Patriot Nation.