Norton v. Glenn

860 A.2d 48, 580 Pa. 212, 32 Media L. Rep. (BNA) 2409, 13 A.L.R. 6th 745, 2004 Pa. LEXIS 2467
Supreme Court of Pennsylvania·Decided October 20, 2004·No. 18 and 19 MAP 2003·Published·Cited by 35 cases

Opinions

OPINION

Chief Justice CAPPY.

At issue in these matters is whether the neutral reportage privilege is encompassed within the Pennsylvania or United States Constitutions. For the reasons that follow, we hold that it is not. We therefore affirm the order of the Superior Court.

These matters arise out of an article (“Article”) written by Tom Kennedy (“Kennedy”) which appeared in the April 20, 1995 edition of the Chester County Daily Local (“Daily Local”). The Article, which was entitled “Slurs, insults drag town into controversy,” detailed heated exchanges that occurred among members of the Parkersburg Borough Council (“Council”); the Article reported that these exchanges occurred both inside and outside of the Council chamber. At issue are extra-Council chamber comments made by William T. Glenn, Sr. (“Glenn”), a member of the Council, regarding Council President James B. Norton III (“Norton”) and Borough Mayor Alan M. Wolfe (“Wolfe”).1

The Article stated that Glenn had claimed that Norton and Wolfe were homosexuals and that Glenn had observed Norton involved in a homosexual act in Norton’s house. The Article also reported that Glenn had issued a written statement strongly implying that Glenn considered Norton and Wolfe to be “queers and child molesters.” The Article related that Glenn had declared that he had a duty to make the public aware of this information as Norton and Wolfe had “access to children.... ” Finally, according to the Article, Glenn asserted that Norton had made homosexual advances toward Glenn [216] which escalated to Norton grabbing Glenn’s penis, apparently without Glenn’s consent.

The Article noted that when informed of Glenn’s claims, Norton responded, “If Mr. Glenn has made comments as bizarre as that, then I feel very sad for him, and I hope he can get the help he needs.”

Wolfe, Norton (collectively, “Appellees”) and Marlowe filed separate actions, each raising defamation claims.2 They named as defendants Kennedy, the Daily Local, William Caufield, who owned the Daily Local, and the Troy Publishing Company, Inc., which published the Daily Local; these defendants shall collectively be referred to as the “Media Defendants”. Appellees and Marlowe also filed suit against Glenn. Ultimately, these actions were consolidated before the trial court.

The Media Defendants and Glenn filed motions for summary judgment. In an opinion granting relief in part and denying relief in part, the trial court determined that the Media Defendants were entitled to the protection of a privilege known as the neutral reportage privilege. Tr. ct. slip op., 8/02/1999, at 12. The trial court reasoned that this privilege was nothing more than the long-recognized fair report privilege, id. at 2 n. 2, a privilege which grants immunity from defamation suits to media entities which accurately report the official proceedings of government. The trial court opined that pursuant to this privilege, “the subjective awareness of the publisher, of the truth or falsity of the statement, is irrelevant.” Id. at 12. The trial court explicitly stated that its “holding eliminates the necessity of a determination of actual malice3 as to the Media Defendants.” Id.

[217] At the commencement of trial, the trial court dismissed Marlowe’s action. Appellees’ claims against the Media Defendants and Glenn proceeded to trial. Pursuant to its earlier rulings that evidence of actual malice is irrelevant in a neutral reportage matter, the trial court precluded Appellees from introducing evidence regarding whether the Media Defendants acted with actual malice.

Via special interrogatories, the jury found that Glenn had made the statements attributed to him in the Article and had made them with actual malice; accordingly, it held him liable for defamation. As against Glenn, it awarded Norton $10,000.00 in compensatory damages and $7,500.00 in punitive damages; it granted an identical award to Wolfe. Glenn did not appeal.

Pursuant to another set of special interrogatories, the jury determined that the Media Defendants were not liable. Specifically, the jury found that the Article accurately conveyed the gist of the statements Glenn made and did not imply that the Media. Defendants adopted or concurred in those statements. Thus, pursuant to the trial court’s instruction regarding the neutral reportage privilege, the jury found the Media Defendants not liable in defamation.

Appellees filed post-trial motions, requesting that a new trial be granted. The trial court denied relief. In its opinion explaining its determination, the trial court articulated its definition of the neutral reportage privilege. It interpreted the doctrine as conferring a privilege on the publication of “serious charges of a public official involved in an ongoing controversy and concerning other public officials4 irrespective of the publisher’s belief as to the falsity of the charges, provided that the report does not espouse or concur in the charges and in good faith believe that the report accurately [218] conveys the charges made.” Tr. ct. slip op. dated 1/19/2001 at 3-4. The trial court also justified precluding Appellees from introducing evidence regarding whether the Media Defendants acted with actual malice in publishing the Article. It reasoned that “the neutral reportage privilege does offer broader protection than the actual malice standard, and under the neutral reportage privilege the evidence offered was irrelevant.” Id. at 8. The trial court noted that in the event that an appellate court determined that the neutral reportage privilege was not viable, then Appellees “would be entitled to a new trial due to [the trial court’s] exclusion of their evidence on the issue of actual malice.” Id. at 8-9.

On appeal, the Superior Court reversed. Norton v. Glenn, 797 A.2d 294 (Pa.Super.Ct.2002). The Superior Court found that there was no constitutional or statutory basis for the neutral reportage privilege. Thus, it concluded that the trial court had committed an error of law when it determined that such a privilege applied to this case and that a new trial must be awarded.

The Media Defendants filed a petition for allowance of appeal with this court. We granted allocatur, limited to the issue of whether there is a federal5 or state constitutional basis for declaring that the media enjoy the protections of a doctrine known as the neutral reportage privilege. As this is a question of law, our standard of review is de novo and our scope of review is plenary. See In re Hickson, 573 Pa. 127, 821 A.2d 1238 (2003).

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Norton v. Glenn, 860 A.2d 48, 580 Pa. 212, 32 Media L. Rep. (BNA) 2409, 13 A.L.R. 6th 745, 2004 Pa. LEXIS 2467 (Pa. 2004).

860 A.2d 48 (Norton v. Glenn) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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