Contemporary Mission, Inc. v. New York Times Co.
| Decision Date | 10 July 1987 |
| Docket Number | No. 80 Civ. 6587 (VLB).,80 Civ. 6587 (VLB). |
| Citation | 665 F. Supp. 248 |
| Parties | CONTEMPORARY MISSION, INC., et al., Plaintiffs, v. The NEW YORK TIMES COMPANY, Defendant. |
| Court | U.S. District Court — Southern District of New York |
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Father John O'Reilly, pro se.
William O'Reilly, Westport, Conn., for plaintiffs.
James C. Goodale, John G. Koeltl, Debevoise & Plimpton, New York City, for defendant.
This defamation action arises from the publication in the November 1, 1980 edition of The New York Times of an article entitled "Westport Priests Beset by Church and U.S. on Status" (the "article"). The subjects of the article were the plaintiffs, Contemporary Mission, Inc. ("Contemporary Mission"), a not-for-profit organization of Catholic priests based in Westport, Connecticut, and four of its five member-priests.
In their original complaint, plaintiffs alleged diversity jurisdiction, challenged three statements in the Times article as libelous, and asked for $20 million in damages. They amended their complaint two weeks thereafter to claim that a fourth statement in the Times article was libelous. Plaintiffs 18 months later sought and were granted permission to file a second amended complaint ("SAC") which added 10 additional claims of libel.
The allegedly defamatory article was written about Contemporary Mission and its priests by Times reporter Diane Henry. The article's principal content, and its thrust, have been succinctly summarized by Judge Friendly:
The article said, inter alia, that church officials in St. Louis, led by John Cardinal Carberry, had accused the priests of forging documents for their ordinations; that Monsignor Cusack of the Bridgeport, Conn. Diocese had written that the priests were not recognized by the diocese and were unable to function as Catholic priests; that in 1977 the State of Connecticut had gotten a cease and desist order against them for failing to deliver merchandise; that the Postal Service had charged them with fraud in the sale of bath-oil; that Father John O'Reilly had married, which would normally mean his excommunication from the Roman Catholic Church, but that he said he had switched to the Eastern Rite of the Catholic Church which allows priests to marry; and that the Mission's public court record "raises questions about whether the priests may have cloaked a profitable business in the guise of a religious, tax-exempt organization." Plaintiffs allege that these and other statements are false or so incomplete as to convey a misleadingly false impression.
O'Reilly v. New York Times Co., 692 F.2d 863, 864 (2d Cir.1982).
After a series of discovery motions and pretrial conferences, and prior to the filing of the second amended complaint, defendant The New York Times Company (the "Times") filed a motion for summary judgment which was addressed to the first amended complaint. Soon thereafter, one of the individual plaintiffs, Rev. John T. O'Reilly, applied to this court for leave to discharge his attorney and to proceed pro se. I denied the application. The Court of Appeals reversed. O'Reilly v. New York Times Co., 692 F.2d 863 (2d Cir.1982). Thereafter defendant renewed its motion for summary judgment, this time addressed to the second amended complaint. I denied plaintiffs' request for further discovery, except for that for which plaintiffs could demonstrate a need pursuant to Fed. R.Civ.P. 56(f), and I denied plaintiffs' motion to reargue this issue two weeks later. I subsequently held oral argument on the motion for summary judgment, and reserved decision.
Contemporary Mission is a religious group which makes "religious communication its mission, apostolate and profession." The four individual plaintiffs are officers and directors of Contemporary Mission and have been members of Contemporary Mission since its incorporation in 1968.
In the late 1960's, several members of Contemporary Mission became "a nationally known folk-rock" group called "The Mission Singers." Robert Stigwood Group Ltd. v. O'Reilly, 346 F.Supp. 376, 379 (D.Conn.1972). More recently, Contemporary Mission has operated a mail order business which has brought it into conflict with various government agencies.
In 1968, the individual plaintiffs, who had been associated with the Montfort Fathers in St. Louis, left the Montfort Fathers in a dispute over instruction at the seminary. A debate ensued as to whether the departure was voluntary. The St. Louis Archdiocese issued a news release stating that plaintiffs no longer represented the Montfort Fathers. This release was "publicized by nationwide and worldwide news wire services" as a result, according to Contemporary Mission, of "the fame and popularity" of the group stemming from its musical efforts.
When plaintiffs left the Montfort Fathers in 1968, three of them had not yet been ordained as Roman Catholic priests. Over the next three years, plaintiffs contacted approximately 30 bishops, seeking one who would ordain those three as priests. In May, 1971 they were ordained in Cromwell, Connecticut by Bishop Peter Sarpong of Ghana. The ordination occasioned extensive controversy, including allegations and counter allegations by Church officials in St. Louis and by the plaintiffs, all of which were reported by the press.
The majority of the allegedly libelous statements in the November 1, 1980 Times article are related to this controversy, which intensified on July 16, 1971 when the St. Louis Review, an Archdiocesan newspaper, published several allegedly forged letters and a disputed transcript that the St. Louis Review stated had been submitted to Bishop Sarpong with respect to the plaintiffs' ordination. The plaintiffs then accused Cardinal Carberry of manipulating the Catholic press in St. Louis. An August 3, 1971 letter from the plaintiffs to Cardinal Carberry illustrates the public nature of the controversy:
As noted, some of the members of Contemporary Mission had formed a musical group called The Mission Singers, which used music as a means of expressing religious beliefs. The Mission Singers made some 18 record albums and gave more than 200 concerts in over 38 states. One of the plaintiffs said that "as the `singing seminarians,' the world has seen them on ... every major and independent network."
Plaintiffs for two years published a syndicated column in over 50 newspapers. The individual plaintiffs have appeared on various network television programs and on local television and radio shows in many states. They have also published books and articles on contemporary religious life. Robert Stigwood Group Ltd., 346 F.Supp. at 379. These television and radio appearances took place prior to 1974. Since then, there have been no media appearances by any member of Contemporary Mission, and The Mission Singers are no longer active.
Plaintiffs have in more recent years run a mail order business which has brought them into conflict with a variety of governmental agencies.
Between 1976 and 1980 plaintiffs dispatched over 12 million mail pieces with respect to, or offering, various "self-improvement" products.
Contemporary Mission's business practices have been investigated by the Bridgeport Better Business Bureau, the Westport Chamber of Commerce, and the Westport Police Department. In February, 1979 the Connecticut Department of Consumer Protection ("CDCP") issued an administrative complaint against Contemporary Mission charging that it had "accepted mail orders and payments for its merchandise and then failed to deliver either the ordered merchandise or refunds within a reasonable period of time." Contemporary Mission ultimately consented to a cease and desist order in which, while denying any wrongdoing, it agreed to cease the challenged practices.
In September, 1979 the Internal Revenue Service ("IRS") suspended Contemporary Mission's non-profit status. Several of the products which Contemporary Mission offered to the public have been removed from the market as a result of efforts by the Postal Service pursuant to 39 U.S.C. § 3005, which forbids "obtaining money or property through the mail by means of false representations."
In 1979, Contemporary Mission sued the Postal Service, seeking $1 million from Postal Service officials for alleged violations of its constitutional rights. In June, 1980 the Postal Service revoked Contemporary Mission's non-profit mailing permit on the ground that "it does not appear that the primary purpose of Contemporary Mission is religious." After a preliminary injunction was issued preventing sales of one of the products, Contemporary Mission agreed to discontinue permanently the promotional activities which were challenged. See Contemporary Mission, Inc. v. United States Postal Service, 648 F.2d 97, 101 n. 2 (2d Cir.1981). Contemporary Mission's suit against the Postal Service was thereafter dismissed, and the Court of Appeals affirmed the dismissal.
Plaintiffs have alleged in the second amended complaint that the following 14 statements in the article are libelous:
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