JOHN BIANCO, APPELLANT,
v.
PALM BEACH NEWSPAPERS, INC., APPELLEE
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A libel plaintiff who is a public figure sued a newspaper for a defamatory editorial. The trial court dismissed the complaint with prejudice, and the appellate court affirmed, holding that the plaintiff failed to allege actual malice as required under Gertz v. Robert Welch, Inc. for public figure defamation cases.
The court held that Bianco is a public figure as established by the complaint itself, and therefore must prove actual malice to recover for defamation. The complaint failed to adequately allege actual malice—merely stating the publication was 'malicious' is insufficient under Gertz, which requires specific allegations of actual knowledge of falsity or reckless disregard for truth. The dismissal with prejudice was proper.
[1] A plaintiff who is a public figure cannot recover damages for defamatory falsehood unless the plaintiff proves the falsehood was uttered with actual malice.
[2] Actual malice in the context of defamation requires proof of actual knowledge that the statement is false or reckless disregard of whether it is true or false.
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Join FLexlaw to unlock all legal intelligence“There can be no doubt that the language used in the newspaper editorial was defamatory, for it accused the appellant of 'amoral manipulation' and attempts to 'shakedown' elected officials.”
Establishes that the editorial's language was defamatory in nature, but this alone is insufficient for recovery by a public figure.
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Join FLexlaw to unlock all legal intelligenceJohn Bianco, a prominent Palm Beach County citizen and president of the Sunshine Democratic Club, sued Palm Beach Newspapers for publishing a defamato…
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LETTS, Judge.
This appeal arises from a dismissal with prejudice of a libel suit filed by a prominent Palm Beach County citizen against a newspaper. We affirm.
The original dismissal of this complaint was not with prejudice and it could have been amended. Instead, the attorney for the appellant' elected to stand on the complaint as written leaving us no choice but to consider it as presented to the trial court.
There can be no doubt that the language used in the newspaper editorial was defamatory, for it accused the appellant of “amoral manipulation” and attempts to “shakedown” elected officials. Had the complaint alleged only that the appellant was a private • citizen, it would have been error to dismiss it, notwithstanding our personal knowledge outside of the record that the appellant is, in fact, a prominent citizen and a public figure of considerable note. However, the complaint by its own language and attachments, puts the appellant very much in the public eye by describing him as a “civic minded and political figure.” Further, attached to it is the offending editorial which describes the appellant as President of the Sunshine Democratic Club, an organization engaged in helping local politicians to get elected. Also attached is the appellant’s own considerable list of public service and public works engaged in by the organization of which he is the President.
We, therefore, hold that it is established within the four corners of the complaint, that the appellant is a public figure which in turn requires the result to be controlled by the United States Supreme Court case of Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S.Ct. 2997, 41 L.Ed.2d 789 (1974).
In Gertz, the court extended the New York Times test1 to cover those persons who are “. . . involved in the resolution of important public questions or, by reason of their fame, shape events in areas of concern to society” and specifically went on to hold that such a public figure cannot recover damages for defamatory falsehood unless he proves that the falsehood was uttered with “actual malice.” The court then defined actual malice as requiring actual knowledge that the statement is false or with reckless disregard of whether it is true or false. Since such actual knowledge or reckless disregard must be proved, it follows that one or both must also be specifically alleged. Examination of the complaint before us reveals no such allegations except for the lone statement that the publication was “malicious.” This is clearly insufficient under the law of Gertz which mandates our adherence.
’ AFFIRMED.
GLICKSTEIN and HURLEY, JJ., concur. . New York Times v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- N.Y. Times Co. v. Sullivan, 376 U.S. 254 (U.S. 1964)
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (U.S. 1974)