Taskett v. King Broadcasting Co.

546 P.2d 81, 86 Wash. 2d 439, 1 Media L. Rep. (BNA) 1716, 1976 Wash. LEXIS 870
CourtWashington Supreme Court
DecidedFebruary 11, 1976
Docket43702
StatusPublished
Cited by126 cases

This text of 546 P.2d 81 (Taskett v. King Broadcasting Co.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taskett v. King Broadcasting Co., 546 P.2d 81, 86 Wash. 2d 439, 1 Media L. Rep. (BNA) 1716, 1976 Wash. LEXIS 870 (Wash. 1976).

Opinions

Hunter, J.

The plaintiff (appellant), William Taskett, appeals from a summary judgment entered by the Superior Court for King County in favor of the defendants (respondents), KING Broadcasting Company and James Harriott, KING’S anchorman on the evening news. The plaintiff’s action sounds in libel, and this appeal raises the question of whether “actual malice” needs to be established when the statement was directed at a private person, yet pertains to an issue of public concern.

For almost 20 years the plaintiff had been engaged in the advertising business in the Seattle area, owning 95 percent of an agency incorporated under the name Bill Taskett & Associates, Inc. The agency was principally involved in the placement of ads for other businesses and private individuals with the radio and television media.

In December of 1972, the plaintiff’s business had suffered serious financial setbacks. He had lost one of his most lucrative accounts, and there were insufficient assets with which to meet his total debts. The threat of lawsuits and pressure from creditors finally took its toll causing the plaintiff to follow the advice of his attorney and file for a statutory dissolution of the corporation. A certified public accountant was appointed as trustee and a notice of dissolution was sent out to all creditors, including the defendant. Feeling in need of rest, the plaintiff and his wife decided to take a short vacation in Mexico. Under the mistaken belief that a prior deposit would be applied by his landlord against his rent owing for his office space in November and [441]*441December of 1972, the plaintiff did not make any payments for these 2 months, and he left Seattle without giving any notice. Upon departing, the plaintiff sublet his apartment to a friend. At this time his liabilities exceeded $90,000, while his assets were but a fraction of this amount.

On January 11, 1973, KING television, on its evening newscast, carried a story about the disappearance of the plaintiff. Mike James, a reporter for the defendant, had investigated the story, talking to the individual who was living in the plaintiff’s apartment, the trustee, various creditors, and looking at court files which related to suits being brought against the plaintiff. James ascertained that the plaintiff was in Mexico by finding a note in the plaintiff’s office with a hotel number on it. Upon calling the hotel, James discovered that the plaintiff had just left. The story was then turned over to John Heffron, the news director at KING, for his final approval. The text of the story is set out in full in the appendix to this opinion. Suffice to say that the plaintiff contends the story depicted him as a “thief and a swindler,” which constituted libel per se, since, he contended, it was wholly unfounded in fact.

Upon learning of the story, the plaintiff returned to Seattle, but was unable to gain employment, which ultimately necessitated the moving of his family to California. The plaintiff brought this action against the defendants, who moved for summary judgment relying on this court’s decision in Miller v. Argus Publishing Co., 79 Wn.2d 816, 490 P.2d 101 (1971), which required the plaintiff to establish “actual malice” with convincing clarity. Prior to reaching its decision, the recent holding in Gertz v. Robert Welch, Inc., 418 U.S. 323, 41 L. Ed. 2d 789, 94 S. Ct. 2997 (1974), was brought to the attention of the trial court, which permitted each state to establish its own standard for libel actions brought by private individuals over stories relating to matters of public concern. However, the trial court granted the motion citing the Miller decision. Even though the court found that the plaintiff was a private individual and that the story related to a matter of general public [442]*442concern, it also stated that any change in the law would have to come from the state Supreme Court. The plaintiff’s appeal was certified to this court by the Court of Appeals.

Prior to 1964, the libel laws of the individual states had developed from the common law, free of any First Amendment considerations. However, in New York Times Co. v. Sullivan, 376 U.S. 254, 279-80, 11 L. Ed. 2d 686, 84 S. Ct. 710, 95 A.L.R.2d 1412 (1964), the United States Supreme Court departed from the common-law approach and enunciated the following test:

The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with “actual malice” — that is, with knowledge that it was false or with reckless disregard of whether it was false or not.

In 1967, the court extended its rule to those instances involving public figures. Curtis Publishing Co. v. Butts, 388 U.S. 130, 18 L. Ed. 2d 1094, 87 S. Ct. 1975 (1967). In response to these newly announced constitutional considerations, we adopted the above rule, so far as it applied to public officials and public figures, in Grayson v. Curtis Publishing Co., 72 Wn.2d 999, 436 P. 2d 756 (1967). From this point, the United States Supreme Court took the final step and extended the New York Times rule to comments which pertained to private individuals, yet dealt with matters of public or general interest. Rosenbloom v. Metromedia, Inc., 403 U.S. 29, 29 L. Ed. 2d 296, 91 S. Ct. 1811 (1971). However, unlike New York Times and Curtis, Rosenbloom was decided by a mere plurality decision. Regardless of the obvious conflicting opinions on our highest court, upon being confronted with the same issue, we accepted what was then considered to be a constitutionally required rule, and formally adopted the Rosenbloom plurality decision in Miller v. Argus Publishing Co., 79 Wn.2d 816, 490 P.2d 101 (1971).

New York Times Co. v. Sullivan, supra, and its progeny, [443]*443clearly represents an attempt to reconcile the state’s interest in protecting the reputations of its citizens and the constitutional guarantee of a free and vibrant press, the latter being made paramount to the former. Rosenblatt v. Baer, 383 U.S. 75, 15 L. Ed. 2d 597, 86 S. Ct. 669 (1966); Tilton v. Cowles Publishing Co., 76 Wn.2d 707, 459 P.2d 8 (1969). However, the court lacked solidarity on this basic issue as witnessed by the fact that each time the New York Times rule was extended, dissention increased, ultimately resulting in the Rosenbloom plurality. Therefore, it came as little surprise when the court granted certiorari “to reconsider the extent of a publisher’s constitutional privilege against liability for defamation of a private citizen.” Gertz v. Robert Welch, Inc., supra at 325.

In Gertz, the plaintiff, a private attorney practicing in Chicago, brought an action against Robert Welch, Inc., for an article published in the defendant’s monthly magazine, which characterized him as a “Leninist” and a “Communist-fronter” who was behind a Communist campaign conspiring to discredit law enforcement agencies across the country. The jury awarded the plaintiff $50,000. However, anticipating the Rosenbloom

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Bluebook (online)
546 P.2d 81, 86 Wash. 2d 439, 1 Media L. Rep. (BNA) 1716, 1976 Wash. LEXIS 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taskett-v-king-broadcasting-co-wash-1976.