JOSE R. MENENDEZ, APPELLANT,
v.
KEY WEST NEWSPAPER CORPORATION, A FLORIDA CORPORATION, APPELLEE
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In this libel case arising from a 1971 Key West municipal election, a public official candidate challenged a summary judgment dismissing his lawsuit against a newspaper and its publishers for alleged defamatory statements. The court affirmed the summary judgment, holding that under New York Times v. Sullivan, the plaintiff failed to raise a genuine issue of material fact regarding actual malice necessary to sustain a libel claim.
The trial court properly granted summary judgment because the plaintiff failed to demonstrate a genuine issue of material fact regarding actual malice as required under New York Times v. Sullivan for public officials to prevail in libel actions.
[1] A public official alleging libel must demonstrate with clear and convincing evidence that the publication was made with actual malice, meaning the publisher entertained s…
[2] In cases involving the First Amendment and allegations of recklessness in publishing libelous information, summary judgments should be granted more liberally.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the landmark case of New York Times v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964) established the rule that unless a public official can demonstrate clearly and convincingly that an alleged libelous publication was made with actual malice and that the publisher entertained serious doubt with respect to the truth of the publication, the constitutional safeguards surrounding freedom of the press require an adverse judgment”
Establishes the controlling legal standard for public official libel cases
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Join FLexlaw to unlock all legal intelligenceJose Menendez was a candidate for reelection to the Key West City Commission in 1971. The Key West Citizen newspaper published advertisements on Octob…
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PER CURIAM.
Appellant, plaintiff in the trial court, seeks review of an adverse summary judgment in an action for libel. We affirm.
The appellant was a candidate for reelection to the Key West City Commission in 1971. On October 31, 1971 and November 1, 1971, just prior to the primary election, the Key West Citizen, a local Newspaper, published two advertisements concerning the appellant. On November 14, 1971, two days prior to the run-off election, the Citizen again published an advertisement about Menendez. These ads were signed by named defendants, Jose Cabaleiro and Alice Williams, a/k/a Alicia Brito. In essence, the ads charged that Menendez was apparently un-American and that he displayed pro-Castro Communist allegiance. Menendez lost his bid for re-election.
Thereafter, he filed suit against the appellee, the Key West Newspaper Corporation, which publishes the Citizen, Cabalei-ro, and Alice Williams, a/k/a Alicia Brito for libel, seeking $250,000 in compensatory damages and $500,000 in punitive damages. After consideration of the pleadings, affidavits, depositions and briefs filed, the trial court rendered summary judgment in favor of the appellee. Previously, the court had granted a motion to dismiss filed by Cabaleiro and denied a motion to dismiss filed by Alice Williams.
Appellant’s sole point on appeal is that the trial court erred by entry of a summary judgment because a jury should determine if the Citizen published the advertisements in question knowing the charges contained therein to be false or with reckless disregard of the truth or falsity of the charges.
The landmark case of New York Times v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964) established the rule that unless a public official can demonstrate clearly and convincingly that an alleged libelous publication was made with actual malice and that the publisher entertained serious doubt with respect to the truth of the publication, the constitutional safeguards surrounding freedom of the press require an adverse judgment. See also, St. Amant v. Thompson, 390 U.S. 727, 88 S.Ct. 1323, 20 L.Ed.2d 262 (1968); Ocala Star-Banner Co. v. Damron, 401 U. S. 295, 28 L.Ed.2d 57, 91 S.Ct. 628 (1971); Damron v. Ocala Star-Banner Co., Fla.App.1972, 263 So. 2d 291.
It also has been held that in cases of this nature, which involve the First Amendment area and where the issue is recklessness employed in the publication of alleged false and libelous information, that summary judgments should be more liberally granted. Washington Post Co. v. Keogh, 125 U.S.App.D.C. 32, 365 F. 2d 965 (1966), cert. denied, 385 U.S. 1011, 17 L.Ed.2d 548, 87 S.Ct. 708 (1967).
We have reviewed the record on appeal, and have concluded that the trial court’s determination that there existed no genuine issue of material fact was correct. Therefore, entry of summary judgment was proper. For the reasons stated and upon the authorities cited, the judgment appealed is affirmed.
Affirmed.
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Gadsden Cnty. Times Inc. v. Mallory E. Horne, 382 So. 2d 347 (Fla. 1st DCA 1980)….Ct. 2701, footnote 3, page 2704, 61 L.Ed.2d 450 (1979), citing Hutchinson v. Proxmire, supra, concerning propriety of summary judgments on the issue of “actual malice”. . Petitioners cite a Florida case, Menendez v. Key West Newspaper Corporation, 293 So. 2d 751 (Fla. 3rd DCA 1974), where the court, relying upon Washington Post Co. v. Keogh, 125 U.S.App.D.C. 32, 365 F. 2d 965 (1966), cert. den. 385 U.S. 1011, 87 S.Ct. 708, 17 L.Ed.2d 548 (1967), indicated that where the issue is “recklessness” employed in t…
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C.C. "Doc" Dockery v. Florida Democratic Party, 799 So. 2d 291 (Fla. 2d DCA 2001)…mmary judgments are to be more liberally granted. Cronley v. Pensacola News-Journal, Inc., 561 So. 2d 402, 405 (Fla. 1st DCA 1990); Newton v. Florida Freedom Newspapers, Inc., 447 So. 2d 906 (Fla. 1st DCA 1984); Menendez v. Key West Newspaper Corp., 293 So. 2d 751, 752 (Fla. 3d DCA 1974); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A public-figure plaintiff such as Dockery must present record evidence sufficient to satisfy the court that a genuine issue of material fa…
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Holter v. Wlcy T.V., Inc., 366 So. 2d 445 (Fla. 2d DCA 1978)…e merely said that Holter would possibly be involved in the investigation which was looking into embezzlement and extortion. In contrast, Halloran testified at trial that the word “embezzlement” was used. . Cf. Menendez v. Key West Newspaper Corp., 293 So. 2d 751, 752 (Fla. 3d DCA 1974) (also relied upon by appellees) which cited Keogh for the proposition that “where the issue is recklessness employed in the publication of alleged false and libelous information, that summary judgments should be more liberall…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- N.Y. Times Co. v. Sullivan, 376 U.S. 254 (U.S. 1964)
- ST. Amant v. Thompson, 390 U.S. 727 (U.S. 1968)
- The Wash. Post Co. v. Keogh, 365 F.2d 965 (D.C. Cir. 1966)
- State Loan & Fin. Corp. v. Am. Plan Corp., 385 U.S. 1011 (U.S. 1967)
- Ocala Star-Banner Co. v. Damron, 401 U.S. 295 (U.S. 1971)
- Damron v. Ocala Star-Banner Co., 263 So. 2d 291 (Fla. 1st DCA 1972)