Case Report #1 June 2, 2016



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Justina Teale

Media 421

Case Report #1

June 2, 2016


THE ATLANTA JOURNAL-CONSTITUTION v. JEWELL

Court of Appeals of Georgia, October 10, 2001


Circumstances: In 1996 the Atlanta Journal- Constitution covered the Centennial Olympic Park bombing, as well as the involvement of Richard Jewell partook in the incident. When coverage first started he was made to be a hero since he discovered the bomb, and was apart of the evacuation of innocent bystanders. However soon after, Jewell became one of the FBI’s main suspect and soon became the anti-hero across the media. About 19 articles were published including a headline article published by the Atlanta-Constitution portraying him as a guilty criminal. His family as well as himself for weeks suffered from the Media outlets. Jewell was found innocent.
In 1999, Jewell seeks to Jewell moved for partial summary judgments, and proclaiming that the trial court should find that he is a private, versus a public figure. The trial court determined that Jewell is a "voluntary limited-purpose public figure" and thereby required him to meet the actual malice standard of proof set forth in New York Times v. Sullivan in this defamation action. Jewell appeals this ruling.
Question(s): Is Jewell (the plaintiff in the defamation), a public or private figure in the case, as those terms are used in defamation cases, though Jewell contends the trial court erred in finding that he is a "public figure" for purposes of this defamation action? Was the plaintiff's involvement in the controversy makes them a public figure, general or limited?
Decision: According to trial court that was held, Jewell was found to be a voluntary limited-purpose public figure. The record contains a very clear and considerable amount of evidence that proved Jewell was an involuntary limited-purpose public figure. Generally, a public figure voluntarily puts himself into a position to influence the outcome of the controversy, "occasionally, someone is caught up in the controversy involuntarily and, against his will, assumes a prominent position in its outcome. Unless he rejects any role in the debate, he too has 'invited comment' relating to the issue at hand”. Though he never sought to capitalize on the fame that he had received through his actions in the events that surrounded the bombing, he still became public simply by giving his statements.
Precedence supporting the plaintiff (JEWELL):


  • On how a private citizen becomes a public figure for purposes of a defamation action (Gertz v. Robert Welch, Inc.)

  • Eleventh Circuit adopted a three-prong test to determine whether a person is a limited-purpose public figure. With this system they can test weather or not the plaintiff is a limited or general public figure. (Silvester v. American Broadcasting Cos.)


Precedence supporting the appellant (THE ATLANTA JOURNAL-CONSTITUTION):


  • An article was written about the plaintiff, where it was mentioned that his role in this was that he simply the only air traffic controller on duty at the time of a notorious airliner crash. Although the plaintiff had not availed himself of the media to speak on the public issues relating to the crash (Dameron v. Washington Magazine)

  • The plaintiff subsequently testified at an NTSB [National Transportation Safety Board] hearing on the crash. (Dameron v. Washington Magazine)



Importance of this case: This decision from this case allowed for the law to be able to make a better understanding of defamation cases that the plaintiff was unaware of his/her role. As well as being able to make better guidelines on whether a person is a public figure, general or limited.
Quote: "It is no answer to the assertion that one is a public figure to say, truthfully, that one doesn't choose to be. It is sufficient . . . that [Jewell] voluntarily engaged in a course that was bound to invite attention and comment."

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