Ithaca College v. Yale Daily News Pub. Co., Inc.
Decision Date | 03 November 1980 |
Citation | 105 Misc.2d 793,433 N.Y.S.2d 530 |
Parties | , 6 Media L. Rep. 2180 ITHACA COLLEGE, Plaintiff, v. YALE DAILY NEWS PUBLISHING COMPANY, INC. d/b/a The Yale Daily News; and Berkley Publishing Corporation, Defendants. |
Court | New York Supreme Court |
Wiggins, Tsapis, Holmberg & Galbraith, Ithaca, for plaintiff (Dirk A. Galbraith, Ithaca, of counsel).
Parker, Duryee, Zunino, Malone & Carter, New York City, for defendants (William Lee Kinnallay, Jr., New York City, of counsel).
In this action for libel, defendants have moved on various grounds for summary judgment. With the single exception of the issues raised as to the statute of limitations, the facts are not in dispute.
The issues relate to "The Insider's Guide to the Colleges 1978-79", which was compiled and edited by the student staff of the defendant Yale Daily News (Yale) and published by defendant Berkley Publishing Corporation (Berkley). This 404 page paperback publication contains descriptive commentary of 230 colleges and universities throughout the country. Plaintiff, Ithaca College, as one of those institutions, deems certain aspects of an article relating to it to be defamatory. In particular, the college asserts that the following paragraph contains material (herein underlined) which damages both its business and academic reputation:
The staff of the defendant Yale compiled the data for this seventh edition of the "Insider's Guide" in 1977, the original publication having been in 1971.
On March 7, 1977, Yale wrote the editor of the school newspaper at Ithaca College, requesting him to recruit two staff members to evaluate the school. The editor was advised that it was difficult for Yale personnel "to visit and evaluate each school personally", and that its editors "depend heavily on students who can objectively and coherently evaluate their campus", and furnished guidelines for the proposed evaluation with the letter. In addition to repetitive requests for accuracy and objectivity, as well as comments about the school's academic life, the reporters were invited to note its social life, viz: A return date of April 15 was requested.
By letter dated April 25, 1977, Yale also requested plaintiff's admission office to furnish statistical data for its seventh edition "to provide up-to-date information for the over 40,000 high school seniors who read the book each year." A return date of May 8 was requested. The data supplied is contained in the bold-face type preceding the descriptive commentary.
Defendants advise that they edited the copy supplied by the school reporters, but printed the language-here deemed to be defamatory-"almost in haec verba."
Published in December, 1977, the book bears a January, 1978 (Second Printing) publication date.
In the Fall of 1978, the Vice-President for Student Affairs of Ithaca College learned of the Guide's publication "through discussions with students and parents of students attending" the school. His affidavit advises that he had
By November of 1978, counsel for plaintiff advised defendant Berkley of the statements deemed defamatory, 1 and requested cessation of publication and elimination of the material from subsequent editions to avoid legal action. This proceeding was commenced when defendant failed to respond.
We observe initially that summary judgment is the rule, not the exception in defamation cases (Unification Church v. Harper & Row, 101 Misc.2d 30, 34, 420 N.Y.S.2d 56) and the recent imposition of First Amendment privileges on this ancient tort has placed a heavy burden of proof on a plaintiff seeking such relief (see Gertz v. Robert Welch, Inc., 418 U.S. 323, 369-388, 94 S.Ct. 2997, 3021-3030, 41 L.Ed.2d 789 for Justice White's historical perspective concerning these competing interests (dissenting op.)). The extent of that burden varies with the public or private character of the one allegedly defamed, private figures being required to prove publication in a "grossly irresponsible manner" (Chapadeau v. Utica Observer, 38 N.Y.2d 196, 199, 379 N.Y.S.2d 61, 341 N.E.2d 569) while public figures must establish that the statements were made with knowledge of their falsity or with reckless disregard for the truth (James v. Gannett Co., 40 N.Y.2d 415, 421, 386 N.Y.S.2d 871, 353 N.E.2d 834). Precedent requires plaintiff to establish the falsity of the libel, at least in the "public figure" area (Rinaldi v. Holt Rinehart, 42 N.Y.2d 369, 380, 397 N.Y.S.2d 943, 366 N.E.2d 1299) as must a private individual who is the subject of an article "arguably within the sphere of legitimate public concern, which is reasonably related to the matters warranting public exposition" (Chapadeau, supra, 38 N.Y. at 199, 379 N.Y.S.2d 61, 341 N.E.2d 569).
Although we must recognize the nature of those burdens in weighing the merit of summary judgment motions where, as here the movant is generally the libel defendant, an evidentiary showing must still be made. Thus our search is one for a triable issue of fact, absence of which requires the granting of the motion (Friends of Animals, Inc. v. Associated Fur Mfrs., 46 N.Y.2d 1065, 416 N.Y.S.2d 790, 390 N.E.2d 298).
To identify the burden applicable here we must first determine whether plaintiff-described in the complaint as "an educational corporation duly chartered under the laws of the State of New York"-is a private or public figure for libel purposes.
The category of "public figures"-which triggers the burdens first articulated in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686-is "of necessity quite broad" and includes those individuals who must be deemed "public figures for all purposes", as well as those who "might invite publicity only with respect to a narrow area of interest" (James v. Gannett Co., supra, 40 N.Y.2d at 422-423, 386 N.Y.S.2d 871, 353 N.E.2d 834). Of the same genus are those corporations which, because of their size and influence, are either deemed public figures generally, or deemed so because of actions taken by them which invite public comment (Reliance Insurance Co. v. Barron's, D.C., 442 F.Supp. 1341, 1346-1349).
(Gertz v. Robert Welch, Inc., supra, 418 U.S. at 345, 94 S.Ct. at 3009; emphasis supplied).
It has been observed that private educational institutions such as the plaintiff, occupy a special place in our society:
"... (T)here has been a general recognition for many generations (in this country) that privately controlled colleges and universities-if they are good-serve the public interest ... The service (is wide)-including as it does the learning of the faculties, the public value of their libraries, the professional service of the lawyers, doctors and engineers they train, and their general civic meaning as major institutions serving the community as a whole." (Excerpt from the "Bundy Report", p. 48, quoted in Mtr. of Canisius College v. Nyquist, 36 A.D.2d 340, 344-345, 320 N.Y.S.2d 652, rev'd on ot. gds., 29 N.Y.2d 928, 329 N.Y.S.2d 105, 279 N.E.2d 860).
As a consequence of their service to the community as a whole, such institutions may be cast in a public role. Indeed, as has been said of another private educational body:
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