|
In Weiner v. Time & Life Inc. 507
N.Y.S.2d 784 the court dismissed a libel claim brought by an Orthodox Jew
against Time magazine, which wrote that he "no longer wore his
yarmulke while he was out driving." Weiner alleged
that Time fabricated a quote that had him saying that he removed his
yarmulke, and that as an Orthodox Jew and a Rabbi he
would not do so, because it would be in conflict with his religious
beliefs.
The Court dismissed the Complaint, finding that non-Orthodox Jews would
not find anything wrong with an Orthodox Jew removing his yarmulke under
the circumstances described in the article (a crime spree in an upper-Manhattan
Orthodox neighborhood).
While plaintiff asserted that his reputation would be damaged among
those in his community of Orthodox Jews, the court held that "this is
too restrictive a view since it would be manifestly unfair and unworkable to
require Time, a magazine of nationwide scope with a heterogeneous
audience, to consider each small enclave within various communities whenever it
writes about a person."
"Libel is a warped mirror which gives back a grossly distorted picture of
reality to those who view it. But if the mirror is to be deemed faulty, it must
present a distorted view to those who gaze upon it squarely and with no
eccentric perceptions or preconceptions. If the mirror gives back a fair
reflection, it cannot be condemned because some few may think they see figures
and shadows not perceived by most.
"Like the remarkable ultramagnified perspectives revealed by an electron
microscope, a view which focuses wholly on the microcosm carries us away from
recognizable reality to magnify imperfections into misshapen nightmare shapes
and figures. publication designed to reach a national audience cannot
be judged by the standards of a unique and fractional segment of its
total readership. Just as obscenity, if judged by community standards
cannot fairly be judged by its impact on a unique or special minority , so
the impact of an alleged libel cannot fairly be judged if we attempt to slice
the community pie too thin."
This doesn't seem right. Will libel turn on the size of the
publication - a national publication will have defenses that a regional or local
paper wouldn't - or on the whims of the readership?
Avi Schick
|
_______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
