Hutchinson v. Proxmire

443 U.S. 111, 99 S. Ct. 2675, 61 L. Ed. 2d 411, 1979 U.S. LEXIS 140, 5 Media L. Rep. (BNA) 1279
Supreme Court of the United States·Decided June 26, 1979·No. 78-680·Published·Cited by 734 cases

Opinions

Me. Chief Justice Bueger

delivered the opinion of the Court.

We granted certiorari, 439 U. S. 1066 (1979), to resolve three issues: (1) Whether a Member of Congress is protected by the Speech or Debate Clause of the Constitution, Art. I, § 6, against suits for allegedly defamatory statements made by the Member in press releases and newsletters; (2) whether petitioner Hutchinson is either a “public figure” or a “public official,” thereby making applicable the “actual malice” standard of New York Times Co. v. Sullivan, 376 U. S. 254 (1964) ; and (3) whether respondents were entitled to summary judgment.

[114]*114Ronald Hutchinson, a research behavioral scientist, sued respondents, William Proxmire, a United States. Senator, and his legislative assistant, Morton Schwartz, for defamation arising out of Proxmire’s giving what he called his “Golden Fleece” award. The “award” went to federal agencies that had sponsored Hutchinson’s research. Hutchinson alleged that in making the award and publicizing it nationwide, respondents had libeled him, damaging him in his professional and academic standing, and had interfered with his contractual relations. The District Court granted summary judgment for respondents and the Court of Appeals affirmed.

We reverse and remand to the Court of Appeals for further proceedings consistent with this opinion.

I

Respondent Proxmire is a United States Senator from Wisconsin. In March 1975, he initiated the “Golden Fleece of the Month Award” to publicize what he perceived to be the most egregious examples of wasteful governmental spending. The second such award, in April 1975, went to the National Science Foundation, the National Aeronautics and Space Administration, and the Office of Naval Research, for spending almost half a million dollars during the preceding seven years to fund Hutchinson’s research.1

At the time of the award, Hutchinson was director of research at the Kalamazoo State Mental Hospital. Before that he had held a similar position at the Ft. Custer State Home. Both the hospital and the home are operated by the Michigan State Department of Mental Health; he was therefore a state employee in both positions. During most of the period in question he was also an adjunct professor at Western Michigan University. When the research department at Kalama[115]*115zoo State Mental Hospital was closed in June 1975, Hutchinson became research director of the Foundation for Behavioral Research, a nonprofit organization. The research funding was transferred from the hospital to the foundation.

The bulk of Hutchinson’s research was devoted to the study of emotional behavior. In particular, he sought an objective measure of aggression, concentrating upon the behavior patterns of certain animals, such as the clenching of jaws when they were exposed to various aggravating stressful stimuli.2 The National Aeronautics and Space Agency and the Navy were interested in the potential of this research for resolving problems associated with confining humans in close quarters for extended periods of time in space and undersea exploration.

The Golden Fleece Award to the agencies that had sponsored Hutchinson’s research was based upon research done for Proxmire by Schwartz. While seeking evidence of wasteful governmental spending, Schwartz read copies of reports that Hutchinson had prepared under grants from NASA. Those reports revealed that Hutchinson had received grants from the Office of Naval Research, the National Science Foundation, and the Michigan State Department of Mental Health. Schwartz also learned that other federal agencies had funded Hutchinson’s research. After contacting a number of federal and state agencies, Schwartz helped to prepare a speech for Proxmire to present in the Senate on April 18, 1975; the text was then incorporated into an advance press release, with only [116]*116the addition of introductory and concluding sentences. Copies were sent to a mailing list of 275 members of the news media throughout the United States and abroad.

Schwartz telephoned Hutchinson before releasing the speech to tell him of the award; Hutchinson protested that the release contained an inaccurate and incomplete summary of his research. Schwartz replied that he thought the summary was fair.

In the speech, Proxmire described the federal grants for Hutchinson’s research, concluding with the following comment: 3

“The funding of this nonsense makes me almost angry enough to scream and kick or even clench my jaw. It seems to me it is outrageous.
“Dr. Hutchinson’s studies should make the taxpayers as well as his monkeys grind their teeth. In fact, the good doctor has made a fortune from his monkeys and in the process made a monkey out of the American taxpayer.
“It is time for the Federal Government to get out of this 'monkey business.’ In view of the transparent worthlessness of Hutchinson’s study of jaw-grinding and biting by angry or hard-drinking monkeys, it is time we put a stop to the bite Hutchinson and the bureaucrats who fund him have been taking of the taxpayer.” 121 Cong. Rec. 10803 (1975).

[117]*117In May 1975, Proxmire referred to his Golden Fleece Awards in a newsletter sent to about 100,000 people whose names were on a mailing list that included constituents in Wisconsin as well as persons in other states. The newsletter repeated the essence of the speech and the press release. Later in 1975, Proxmire appeared on a television interview program where he referred to Hutchinson’s research, though he did not mention Hutchinson by name.4 ¡

The final reference to the research came in a newsletter in February 1976. In that letter, Proxmire summarized his Golden Fleece Awards of 1975. The letter did not mention Hutchinson’s name, but it did report:

“ — The NSF, the Space Agency, and the Office of Naval Research won the 'Golden Fleece’ for spending jointly $500,000 to determine why monkeys clench their jaws.
“AH the studies on why monkeys clench their jaws were dropped. No more monkey business.” App. 168-171.

After the award was announced, Schwartz, acting on behalf of Proxmire, contacted a number of the federal agencies that had sponsored the research. In his deposition he stated that he did not attempt to dissuade them from continuing to fund the research but merely discussed the subject.5 Hutchinson, by contrast, contends that these calls were intended to persuade the agencies to terminate his grants and contracts.

[118]*118II

On April 16, 1976, Hutchinson filed this suit in United States District Court in Wisconsin.6

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Hutchinson v. Proxmire, 443 U.S. 111, 99 S. Ct. 2675, 61 L. Ed. 2d 411, 1979 U.S. LEXIS 140, 5 Media L. Rep. (BNA) 1279 (1979).

443 U.S. 111 (Hutchinson v. Proxmire) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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