I know that this has nothing to do with track, but I thought I might just
provide some information on libel.
Libel is a written defamatory statement.
It is shown by proof of the following elements:
1. The statement is false
2. It is defamatory (it injures the plaintiff's reputation)
3. It concerns the plaintiff (It must reasonably be understood to refer
to the plaintiff.
4. It is published to a third party
5. It is written
6. It causes damages to the plaintiff
The truth of a statement is an absolute defense to any claim that it is
libel.
As to damages, juries may presume them in libel claims. If we are only
dealing with slander, the plaintiff is ordinarily required to prove
damages.
Some people are privileged to make slanderous, libelous, or defamatory
statements, such as judges or legislators acting in an official capacity.
Nobody on the list qualifies for that.
Despite making out a prima facie case (showing all of the elements), there
are constitutional limitations on bringing an action for libel.
On matters of public concern about public persons, the plaintiff must
prove, in addition to the elements mentioned above,
1. That the defendant made the statement with acutal malice (with
knowledge that the statement was false or reckless disregard for the
truthfulness of the statement)
This is a very high standard to meet. I don't know, but this
discussion of world class athletes may or may not fall into this
category. I could hazard a guess, but I'm not going to.
On matters of public concern about private persons, the plaintiff must
show only that the statment was made with negligence.
I'm not going to get into a discussion of what constitutes negligence.
This only touches on First Amendment jurisprudence, but hopefully it will
shed some light on whether anybody on this list is likely to be served
with process anytime soon.
My final, and I mean final, public statement on this whole subject is that
I am not really surprised about the discovery of the designer steroids.
Wow, the cheaters were one step ahead of the testers. Starting tomorrow,
there will be a new drug, and the same with the day after that. I'm not
suggesting that anyone accept it or like it. As for me though, I've
considered these issues, come to resolutions I can live with, and I
enjoy the sport for what it is. I won't let the existence of drugs frame
my view of track and field. And there is plenty to enjoy.
Robbie Howell
