Peeler v. Spartan Radiocasting, Inc.

478 S.E.2d 282, 324 S.C. 261, 25 Media L. Rep. (BNA) 1310, 1996 S.C. LEXIS 202
CourtSupreme Court of South Carolina
DecidedNovember 18, 1996
Docket24531
StatusPublished
Cited by23 cases

This text of 478 S.E.2d 282 (Peeler v. Spartan Radiocasting, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peeler v. Spartan Radiocasting, Inc., 478 S.E.2d 282, 324 S.C. 261, 25 Media L. Rep. (BNA) 1310, 1996 S.C. LEXIS 202 (S.C. 1996).

Opinions

PER CURIAM:

This is an appeal of a defamation case. The jury awarded respondent Harvey S. Peeler $50,000.00 actual damages and $625,000.00 punitive damages. We reverse.

FACTS

On August 29 and September 1, 1988, appellants broadcast two television news stories on channel WSPA1 about forgeries of names on a petition to place J.R. Stroupe’s name on the ballot for election to the South Carolina Senate. The incumbent, Peeler, brought this libel action alleging these news stories conveyed that Peeler had a role in the forgeries and the public believed he was guilty of forgery.2 The following is a transcript of the August 29th broadcast:

Ray Tedder: These SLED agents are pouring over petitions that have been filed by J.R. Stroupe, a former Cherokee County Councilman who wants to run for the State Senate. The State Election Commission says that twenty people have signed affidavits saying that they didn’t sign the petitions; that someone forged their signatures. These agents are trying to find out if there are more. At [264]*264Stroupe’s Service Station near Thickety Mountain, supporters are claiming it’s just dirty politics.
J.R. Stroupe: Everything was fine until I asked to see them.
Tedder: Stroupe says he has hundreds of people working for him trying to get enough signatures to get him on the ballot in November, opposite incumbent State Senator Harvey Peeler. He says he doesn’t know who might have forged the signatures, but he claims Peeler or his supporters engineered this problem. Peeler says that’s nonsense.
Harvey Peeler: The first I heard about it, Ray, was yesterday afternoon. It took me totally by surprise.
Tedder: For election officials, finding out who did it is not as important as finding out how many signatures are valid. They have to certify the petition by September the first. In Gaffney, Ray Tedder, TV-7, Eyewitness News.

The following is a transcript of the September 1st broadcast:

Tedder: According to South Carolina Election Officials, twenty people claim their names were forged on these petitions. That helped keep J.R. Stroupe twenty-seven away from having enough to get on the ballot opposite incumbent State Senator Harvey Peeler. These SLED agents sorting the petitions are continuing to investigate hoping to find out who committed the crime. J.R. Stroupe is conducting his own investigation. Stroupe wants to prove he had nothing to do with the forgeries, and the supporters who gathered at his service station believe someone in the Peeler camp set Stroupe up. Peeler says he had nothing to do with it. But Peeler will be hard pressed to convince a lot of people. They believe it’s just Cherokee County politics as usual.
John Gimball: It wouldn’t surprise me. I mean, there’s so much things that go on that people won’t say nothing about.
Arthur Hall: My opinion is that Harvey’s got something to do with it.
Tedder: Stroupe says he’s not decided whether to wage a write-in campaign, but his supporters say they will carry on one with or without his active participation. In Cherokee County, Ray Tedder, TV-7, Eyewitness News.

[265]*265Peeler alleges Tedder misquoted Stroupe in the August 29th story by stating Stroupe had accused Peeler of forgery. In the second story, Peeler alleges Tedder misquoted Gimball and Hall.

The jury returned a verdict of $50,000 actual damages against both appellants and $625,000 punitive damages against Spartan. The trial judge denied appellants’ motions for a new trial nisi, new trial absolute, and judgment notwithstanding the verdict (JNOV).

DISCUSSION

To recover damages for defamation, a public figure must prove by clear and convincing evidence that the statements were made with actual malice, that is, with knowledge that it was false or with reckless disregard as to its truth or falsity. Harte-Hanks Communications, Inc. v. Connaughton, 491 U.S. 657, 109 S.Ct. 2678, 105 L.Ed.2d 562 (1989); Bose Corp. v. Consumers Union, 466 U.S. 485, 104 S.Ct. 1949, 80 L.Ed.2d 502 (1984); New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964).3

Appellants contend we are to conduct an independent de novo review of the entire record to determine if there is clear and convincing evidence to support findings of actual malice and falsity.4 We agree our scope of review on the issue of actual malice is a de novo review to determine if there is clear and convincing evidence. However, we do not agree this is the proper scope of review on the issue of falsity.

In Bose, the United States Supreme Court held there must be an independent review by the appellate court to determine if the evidence in the record supports a finding of [266]*266actual malice by clear and convincing evidence. In Harte-Hanks, supra, the Supreme Court declined to address whether this mandatory review of actual malice should also be applied to the issue of falsity. Cf. Locricchio v. Evening News Ass’n, 438 Mich. 84, 476 N.W.2d 112 (1991) (in private figure plaintiff case independent review of falsity is required as logical corollary of independent review of actual malice required in public figure case). Accordingly, we are required to conduct an independent de novo review of the record only on the issue of actual malice.5

Actual malice is a subjective standard testing the publisher’s good faith belief in the truth of his or her statements. The publisher must have entertained serious doubts as to the truth of his publication. St. Amant v. Thompson, 390 U.S. 727, 88 S.Ct. 1323, 20 L.Ed.2d 262 (1968). To establish recklessness, there must be an extreme departure from the standards of investigation and reporting ordinarily adhered to by responsible publishers. Curtis Pub. Co. v. Butts, 388 U.S. 130, 87 S.Ct. 1975, 18 L.Ed.2d 1094 (1967). “Mere negligence does not suffice.” Masson v. New Yorker Magazine, Inc., 501 U.S. 496, 510, 111 S.Ct. 2419, 2429, 115 L.Ed.2d 447 (1991).

As to the August 29th newscast, Peeler may have proven he did not commit the forgeries, but he failed to prove by clear and convincing evidence that Stroupe did not make the accusation. Peeler presented Haynes Mullinax who testified he was present when Tedder spoke with Stroupe for the interview and Stroupe accused Peeler’s supporters but not Peeler.

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Peeler v. Spartan Radiocasting, Inc.
478 S.E.2d 282 (Supreme Court of South Carolina, 1996)

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Bluebook (online)
478 S.E.2d 282, 324 S.C. 261, 25 Media L. Rep. (BNA) 1310, 1996 S.C. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peeler-v-spartan-radiocasting-inc-sc-1996.