Savitsky v. Shenandoah Valley Publishing Corp.

566 A.2d 901, 389 Pa. Super. 176, 17 Media L. Rep. (BNA) 1219, 136 L.R.R.M. (BNA) 2389, 1989 Pa. Super. LEXIS 3513
CourtSupreme Court of Pennsylvania
DecidedDecember 1, 1989
Docket129
StatusPublished
Cited by4 cases

This text of 566 A.2d 901 (Savitsky v. Shenandoah Valley Publishing Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Savitsky v. Shenandoah Valley Publishing Corp., 566 A.2d 901, 389 Pa. Super. 176, 17 Media L. Rep. (BNA) 1219, 136 L.R.R.M. (BNA) 2389, 1989 Pa. Super. LEXIS 3513 (Pa. 1989).

Opinions

TAMILIA, Judge:

Appellant William Savitsky appeals an Order granting summary judgment to appellees Shenandoah Valley Publishing Corporation publisher of the Shenandoah “Evening Herald” (hereinafter “Evening Herald”), and William O’Brien, former editor of the “Evening Herald”. The underlying libel action instituted by appellant was initiated by writ on March 26, 1982 and a complaint was filed on March 25, 1983 alleging various publications in the “Evening Herald” defamed appellant. Following responsive pleadings and new matter and after discovery, appellees filed a motion for summary judgment which was argued before Judge William Rubright on September 26, 1988. By Order dated and filed December 14, 1988, the court entered summary judgment in favor of appellees, and this appeal followed.

The publications which appellant alleges defamed him are of two types, and their factual underpinnings are as follows.

Appellant was a member of the District 25 International Executive Board of the United Mine Workers of America and was a losing candidate for reelection to that office in an election held June 9, 1981. The June 13, 1981 edition of the “Evening Herald” reported appellant had been ferried around the region to polling places on election day by a coal company helicopter, a report appellant categorically denies and which appellees have never proven.

[178]*178The second category of publications appellant alleges defamed him concerned references to appellant as a “widow robber” in connection with a union life insurance benefit package negotiated chiefly by appellant. These references occurred in newspaper articles and editorials between January, 1980 and June, 1981.

This Court is not unmindful of the delicate balance required in public figure defamation cases. Free speech is considered such a vital aspect of our constitutional freedoms, it must be given breathing room in the form of protected, uninhibited, robust debate and even erroneous statements if the press is to avoid the self-censorship that is manifestly incompatible with the open exchange of ideas in our society. Therefore,

While we recognize that summary judgment is ‘a proper vehicle’ for disposing of potentially frivolous suits that threaten First Amendment freedoms, we find that summary judgment should be granted only when warranted under Pa.R.C.P. No. 1035, i.e., where the evidence viewed in the light most favorable to the non-moving party, reveals an absence of a genuine issue as to the existence of actual malice....

Brophy v. Philadelphia Newspapers, Inc., 281 Pa.Super. 588, 599, 422 A.2d 625, 631 (1980) (citation omitted).

As to appellant’s claim concerning the defamatory nature of the report of his alleged helicopter ride, appellant has framed the question on appeal as follows:

Is there a genuine issue of fact as to whether the [appellees] published the report that the [appellant] union candidate was transported from polling place to polling place by means of a coal company management helicopter in reckless disregard for the truth of [sic] falsity of the report and, therefore, with actual malice toward the [appellant]?

Brief of Appellant at 15.

Defamation and libel decisions occupy a place at the forefront of our modern legal tradition, involving as they do vital issues in the areas of both constitutional and tort law. [179]*179While those decisions contain exhaustive histories leading to our present legal standards, such analysis is beyond the range of our decision in this case, and so our decision will focus on the prevailing legal standards and applicable historical precedents.

Ordinarily, the initial consideration of a court in a libel action is whether the plaintiff is a public or private figure. In the instant appeal, appellant does not dispute he is a public figure, even if only for a limited purpose, and we are not compelled to discuss the expansion of the New York Times v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), actual malice test from public officials to public figures (Curtis Publishing Co. v. Butts, 388 U.S. 130, 87 S.Ct. 1975, 18 L.Ed.2d 1094 (1967)) to limited purpose public figures (Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S.Ct. 2997, 41 L.Ed.2d 789 (1974)). Therefore, appellant must prove by clear and convincing evidence Shenandoah published the June 18, 1981 article with actual malice, i.e., with knowledge it was false or with reckless disregard of its truth or falsity. Sullivan, supra. As appellant has made no contention the newspaper or the article’s author, O’Brien, knew the article was false, we will focus our determination of the existence of actual malice on appellees’ reckless disregard of the article’s truth or falsity.

“The term ‘reckless disregard’ cannot be fully encompassed in one infallible definition.” Stickney v. Chester County Communications, Ltd., 361 Pa.Super. 166, 171, 522 A.2d 66, 69 (1987). Moreover, the United States Supreme Court has stated:

[R]eckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication. Publishing with such doubts shows reckless disregard for truth or falsity and demonstrates actual malice.

[180]*180St. Amant v. Thompson, 390 U.S. 727, 731, 88 S.Ct. 1323, 1325, 20 L.Ed.2d 262, 267 (1968).

However, the Court in St. Amant went on to declare mere good faith assertions by the publisher of his belief the defamatory statements were true will not ensure a favorable verdict where “the publisher’s allegations are so inherently improbable that only a reckless man would put them into circulation. Likewise, recklessness may be found where there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports.” Id. at 390 U.S. 732, 88 S.Ct. at 1326, 20 L.Ed.2d at 268.

Viewed in light of these decisions, the facts of the case sub judice lead this Court inexorably to the conclusion the actions of the newspaper and O’Brien exhibited recklessness such as a jury might reasonably find to constitute actual malice.

Testifying at deposition, appellee O’Brien, the author of the helicopter report, stated he took his unnamed informant’s word for the accuracy of the information appellant was airlifted on election day by a coal company helicopter. O’Brien also testified he did not know whether the informant had ever provided him with information in the past, and O’Brien could not recall whether he had asked the informant any other questions about the information supplied.

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Bluebook (online)
566 A.2d 901, 389 Pa. Super. 176, 17 Media L. Rep. (BNA) 1219, 136 L.R.R.M. (BNA) 2389, 1989 Pa. Super. LEXIS 3513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savitsky-v-shenandoah-valley-publishing-corp-pa-1989.