Of Outhouses, and the Freedom of the Press
| DOI | 10.1177/0032258X8906200207 |
| Author | Clayton Trotter |
| Date | 01 April 1989 |
| Published date | 01 April 1989 |
| Subject Matter | Article |
CLAYTON
TROTTER
Asst.Professor
of
BusinessLaw.
Texas
Tech.
University.
OF OUTHOUSES, AND THE
FREEDOM OF THE PRESS
The value of a good reputation in the community for businesspurposes has
been recognized for thousands of years. Solomon once wrote:'
"A
good
name is ratherto be chosen than great riches, and loving favour, rather than
silver and gold."! The recent fall of a prominent Presidential candidate due
to revelations of his private life underscores the value of a good name. In
fact, in politics a good name or name recognition may be the most
important asset a politician possesses.
The term "business libel" can be somewhat of a misnomer in most
jurisdictions, because abusiness (i.e. an inanimate object) cannot bf'
libelled; only the owner of a business (i.e. an individual) can be libelled.'
A libel may tend to injure the owner financially through a loss orreduction
in business, but the recovery will be for the defamation of the owner's
reputation.' Apparently, this is not the case in alljurisdictions.' However,
any discussionof the status of business libel requiresan examinationof the
law of libel as it pertains to individuals.
The definition of a libel in one state statute reads:
A libel is a defamation expressed in printing or writing, or by signs and
pictures, or drawings tending to blacken the memory of the dead, or
tending to injure the reputation of one who is alive, and thereby expose
him to public hatred, contempt or ridicule, or financial injury, or to
impeach the honesty, integrity, or virtue, or reputation of anyone, or to
publish the natural defects of
anyone
and thereby expose such person
to public hatred, ridicule,
~rfinancial
injury.'
The type of remarks which are defamatory when directed toward a
person'sbusiness depend directly upon the scope of duties to be performed.
Any remark which tends to impeach aperson's skill, knowledge, or
professional conduct in connexion with his or her business or profession,
which would make that person unfit in the eyes
of
his customers or clients
1. Holy Bible; King James Version, 1611, Proverbs 21:23.
3. Ibid.
4. Dun &Bradstreet, Inc. v. Greenmoss Builders, Inc., 105 S. Ct. 2939, 472 U.S. 749.
Vermont apparently allows recovery for defamation to abusiness.
5. Vernon's Annotated Texas Statutes, Article 5430.
121
April
1989
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