Meridian Star, Inc. v. Williams

549 So. 2d 1332, 1989 WL 117078
CourtMississippi Supreme Court
DecidedOctober 4, 1989
Docket07-58608, 07-58609
StatusPublished
Cited by14 cases

This text of 549 So. 2d 1332 (Meridian Star, Inc. v. Williams) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meridian Star, Inc. v. Williams, 549 So. 2d 1332, 1989 WL 117078 (Mich. 1989).

Opinion

549 So.2d 1332 (1989)

The MERIDIAN STAR, INC. and Jim Wynn
v.
Howard WILLIAMS.
The MERIDIAN STAR, INC. and Jim Wynn
v.
Dr. Hobert KORNEGAY, Jr.

Nos. 07-58608, 07-58609.

Supreme Court of Mississippi.

October 4, 1989.

*1333 W.A. Temple, Meridian, for appellants.

Joe R. Odom, Adams & Odom, Meridian, for appellees.

Before HAWKINS, P.J., and PRATHER and BLASS, JJ.

BLASS, Justice, for the Court:

Dr. Hobert Kornegay, Jr. and Howard Williams, members of the Meridian City Council, each brought a libel action against The Meridian Star, Inc., and its editor, Jim Wynn. Both complained of the editorials published on October 3, and November 6, 1985, and each sought $100,000 in actual and $1,000,000 in punitive damages. The cases were consolidated for trial. Both defendants moved to dismiss or, in the alternative, for summary judgment. The motions were denied, and the case was tried before a jury which found for the plaintiffs. The trial court entered judgment accordingly for $20,000 in each case. We reverse.

The basis of the complaint was two editorials written by Mr. Wynn: "Mayor Learning that Councilmen Can't be Trusted" (October 3, 1985) and "Council Actions Cause Concern for City's Future" (November 6, 1985).

In July, 1985, the City of Meridian changed from a council-manager to a mayor-council form of government. Wallace Heggie served as City Manager until July, 1985. Although the mayor-council government has no city manager, a comparable administrative position exists which is called the Chief Administrative Officer (CAO). During the transition in governments, all former department heads were retained in their positions for the first ninety days. Wallace Heggie was appointed CAO by unanimous vote of the Council for this same ninety-day period.

On October 1, 1985, at the end of the ninety-day period, the Council met and voted on the appointment of Wallace Heggie as CAO. At that meeting the Council voted three to two against appointing Heggie. That same evening, Mayor Kemp told the appellant, Jim Wynn about the vote and the events leading to it.

Mayor Kemp testified at pretrial depositions and at trial that he notified the council members of his intent to appoint Heggie prior to the October 1, 1985. He invited any objections prior to the submission of Heggie's name in order to avoid any embarrassment to Heggie or the Council. Kemp said only one member of the City Council, Mr. Frasier, clearly opposed the appointment and he understood that the others would approve. Heggie also contacted the other members and was under the same impression.

Following his conversation with Mayor Kemp, Jim Wynn wrote the first of the subject editorials published October 3, 1985. After publication of this editorial, Kornegay and Williams consulted their attorney who wrote to The Meridian Star stating that the editorial was false and defamatory and demanding a public apology within ten days. The Meridian Star responded that nothing stated in the October 3, 1985, editorial was untrue or defamatory and no apology was made.

On November 5, 1985, the City Council met and a request for approval of a claim docket was considered. Among other *1334 things, a $5,500 payment to Merrihope, an antebellum home in Meridian, was considered. This item had been approved by the Council in an earlier action, but was on the claim docket then for approval of payment. Councilmen Frasier, Kornegay and Williams voted against payment. On November 6, 1985, Jim Wynn wrote an editorial, "Council actions Cause Concern for City's Future," which was published in The Meridian Star.

Attached to defendants' motions to dismiss, or in the alternative for a summary judgment, were affidavits of James B. Skewes, editor and publisher of The Meridian Star, and Jim Wynn. Both indicated the editorials contained factually correct information and that the editorials were commentary and opinions. Jim Wynn referred to the block which appears above all editorials in The Meridian Star clearly labeling the articles as opinions. He stated that so far as he knew or believed, the facts in both editorials were true and had been obtained from reliable sources. These included the Mayor of the City of Meridian, J.W. Kemp. Wynn also stated that if any fact in the two editorials was incorrect, he did not know it to be incorrect at the time of the publication; that the plaintiffs were public officials at the time the editorials were published; and that neither editorial was written and published with malice.

The plaintiffs filed an answer to the motions. The only evidence of actual malice claimed by Dr. Kornegay was his statement that Wynn made racial slurs about him. Mr. Williams' counter-affidavit contains no allegations of fact to support actual malice. Neither affidavit contained evidence of "actual malice".

Jim Wynn's testimony at trial was essentially identical to his affidavit. Mayor Kemp's and Heggie's trial testimony confirmed that the facts in the editorials were true.

The threshold question in this case is whether the statements made in the subject articles are defamatory. Fulton v. Mississippi Publishers Corp., 498 So.2d 1215, 1216 (Miss. 1986); Ferguson v. Watkins, 448 So.2d 271, 275 (Miss. 1984). In determining whether a statement is defamatory, this Court has held that

Any written or printed language which tends to injure one's reputation, and thereby expose him to public hatred, contempt or ridicule, degrade him in society, lessen him in public esteem or lower him in the confidence of the community is actionable per se.

Fulton, 498 So.2d at 1217; Ferguson, 448 So.2d at 275; Whitten v. Commercial Dispatch Publishing Co., 487 So.2d 843, 845 (Miss. 1986); Gulf Publishing Co. v. Lee, 434 So.2d 687, 695 (Miss. 1983). Before a statement may be said to be defamatory, two conditions must be met. "First, the words employed must have clearly been directed toward the Plaintiff. (Second), the defamation must be clear and unmistakable from the words themselves and not be the product of innuendo, speculation or conjecture." Ferguson, 448 So.2d at 275. The Court has emphasized the importance of these two requirements. Id. If the Court decides against the Plaintiff on either of these questions, the case is ended. Fulton, 498 So.2d at 1216. In analyzing an article alleged to be defamatory, it must be considered as a whole and the meaning of the words used in the article must be given their commonly understood meanings. Whitten v. Commercial Dispatch Publishing Corp., 487 So.2d 843, 845 (Miss. 1986); Manasco v. Walley, 216 Miss. 614, 63 So.2d 91, 95 (1953). Further, in order for a statement to be defamatory per se, it must be susceptible of only one meaning and that meaning must be an opprobrious one. Whether the statements are true or false, they must be defamatory or they are not libelous. Fulton, 498 So.2d at 1216.

When the person allegedly defamed is a public official or a public figure, liability may not be imposed for an otherwise actionable publication unless the statements complained of were made with "actual malice," i.e. "with knowledge of their falsity, or in reckless disregard of whether they are true or false." Hatred, ill will, *1335 malice in the common law sense is not enough. New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964). See also. Ferguson, 448 So.2d 271,

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Cite This Page — Counsel Stack

Bluebook (online)
549 So. 2d 1332, 1989 WL 117078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meridian-star-inc-v-williams-miss-1989.