Capital-Gazette Newspapers, Inc. v. Stack

445 A.2d 1038, 293 Md. 528, 8 Media L. Rep. (BNA) 1704, 1982 Md. LEXIS 271
CourtCourt of Appeals of Maryland
DecidedJune 4, 1982
Docket[No. 53, September Term, 1981.]
StatusPublished
Cited by29 cases

This text of 445 A.2d 1038 (Capital-Gazette Newspapers, Inc. v. Stack) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capital-Gazette Newspapers, Inc. v. Stack, 445 A.2d 1038, 293 Md. 528, 8 Media L. Rep. (BNA) 1704, 1982 Md. LEXIS 271 (Md. 1982).

Opinions

Davidson, J.,

delivered the opinion of the Court. Murphy, C. J., concurs in the result, and filed a concurring opinion at page 543 infra. Cole, J., dissents and filed a dissenting opinion at page 544 infra.

This case concerns an interpretation and application of the principle established in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710 (1964), that in a defamation action a public figure must prove by clear and convincing evidence that the allegedly false defamatory publication was made with "actual malice.”

During the 1978 general election, the respondent, Richard L. Stack, was the Republican candidate for election to the Maryland State Senate in District 32, Anne Arundel County. He had never before held public office. He was opposed by H. Erie Schafer, the Democratic candidate. Schafer had previously served as a member of the Anne Arundel County Council and then as Urban Renewal Director for Glen Burnie. The petitioner, Capital-Gazette [530]*530Newspapers, Inc. (publisher), was the owner and publisher of two newspapers, the Maryland Gazette and the Evening Capital, both circulated in Anne Arundel County. Edward D. Casey was the executive editor of these newspapers and was responsible for their editorial content. John A. Farrell was then a staff reporter who covered, among other things, the Stack-Schafer campaign. In both the 26 October 1978 edition of the Maryland Gazette and the 27 October 1978 edition of the Evening Capital, identical editorials endorsing Schafer’s candidacy were published. Those editorials said:

"DISTRICT 32
"THIS SENATE race in north county has been the biggest disappointment of any race in the area. What should have been a responsible battle between two intelligent men has turned into one of gutter politics — all because of the tactics of Republican challenger Richard Stack.
"After the smoke of their primary battles had cleared, we expected a race between Stack and H.
Erie Schafer, two intelligent, personable candidates who we thought would discuss the issues which would affect the people of this northern Anne Arundel County district.
"Instead, Stack chose to take the low road — a la former Sen. Joseph McCarthy. He has been conducting a campaign of smears and innuendoes in attempting to divide the district’s many Democrats.
"Stack has refused to discuss the issues. While Schafer answered the many questionnaires sent out by more than 20 political organizations, Stack not only refused to answer the questions, he demanded that the organizations provide him with Schafer’s answers.
"He insinuated that Schafer’s Democratic primary opponent, Michael Wagner, was supporting him in the general election. He even said that Schafer’s running mate, Del. Tyras Athey, was on his side.
[531]*531"Both allegations have proven to be false as have many other things Stack has said in the campaign.
"Schafer is a former county councilman and is on leave of absence from his county job as Glen Burnie urban renewal director. He certainly has more experience in government than Stack and from what we have seen in this race is a more responsible human being.
"The overwhelming choice here is Schafer. Stack does not belong in public office.” (Emphasis added.)

On 1 November 1978, in the Circuit Court for Anne Arundel County, Stack sued the publisher for libel alleging, among other things, that the publisher had acted with actual malice. In April, 1980, a jury trial was held.

At the trial, much evidence was presented concerning the circumstances preceding and surrounding the publication of the allegedly false defamatory editorial. Stack himself testified that his campaign was premised upon his personal philosophy that a public official should not be obligated to any individual, political group or other special interest group. More specifically, in describing this philosophy, he said:

"A ... I felt that what the people wanted was a person who was not beholden to anyone once they achieved office. That they owed no one, that they owed no special interest. That they owed no one for an endorsement. They — they owed no group. They owed no campaign manager, they owed no — no one, because if that candidate successfully achieved office, but at the same time had to give something away, in my term, sell out, in order to achieve the office then he was not his own person once he achieved that office. And in my estimation that person was lost before they even started, because they could not be their own person in making the decisions for their constituents. So, we filed — I filed a [532]*532campaign based upon that philosophy and that premise.
"Q [Respondent’s Counsel] ... Now, when you use the phrase, sell out, what do you mean by sell out?
"A I’m talking about making compromises in order to get endorsements, support, raise money, or do anything else that will help toward getting elected. Selling out, or getting these endorsements has always been the — a way of life in Anne Arundel County politics.
"Q But you’re not referring to money actually being handed to someone selling out?
"A I’m not referring to money. I’m referring to the fact that this has been the way of politics in Anne Arundel County and in my district, which is located in Anne Arundel County, since I have known anything about politics. And it is my opinion that someone who goes in that way cannot vote as his constituents want him to vote because he owed favors. And I refuse to achieve election that way. I just would not.”

According to Stack, campaign strategies consistent with this philosophy were developed. He did not seek the endorsement of politicians or of special interest groups. Although he did not have a platform, he nonetheless discussed issues when attending coffee hours, campaigning door-to-door, participating in debates with his opponent, appearing at candidates’ nights, and engaging in press interviews. In addition, he responded to questionnaires submitted to him by newspapers and groups not representing special interests, (i.e., Common Cause and the League of Women Voters). He refused, however, to respond to questionnaires submitted to him by groups representing special interests, (i.e., American Association of Retired Persons, Sierra Club, Metropolitan Baltimore AFL-CIO, Fraternal Order of Police, Maryland and District of Columbia Rifle and Pistol Associa[533]*533tion, Inc., United Christian Citizens, Inc., and Associated Builders and Contractors, Inc.).

The record shows that on 3 October 1978, Stack wrote a letter to Schafer, with copies to Casey, as well as to various reporters, requesting copies of Schafer’s answers to the questionnaires submitted to him by groups representing special interests. The letter additionally indicated that Stack would answer the questions posed if they were raised in a different format under different circumstances.

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Bluebook (online)
445 A.2d 1038, 293 Md. 528, 8 Media L. Rep. (BNA) 1704, 1982 Md. LEXIS 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capital-gazette-newspapers-inc-v-stack-md-1982.