Dworkin v. L.F.P., Inc.
| Citation | 839 P.2d 903 |
| Decision Date | 18 September 1992 |
| Docket Number | Nos. 89-15,89-16,s. 89-15 |
| Parties | 20 Media L. Rep. 2001 Andrea DWORKIN, a citizen of New York; Priscilla Moree, a Wyoming citizen, individually and in her representative capacity of the Jackson, Wyoming Chapter of the National Organization for Women; and Judith Fouts, a Wyoming citizen individually and in her representative capacity of the Wyoming Chapter of the National Organization for Women, Appellants (Plaintiffs) Cross-Appellees, v. L.F.P., INC., a California corporation, also sometimes designated as LFP, Inc., L.F.P., Inc., a California corporation d/b/a Larry Flynt Publications; Hustler Magazine, Inc., a California corporation; Larry Flynt, a citizen of California; the Conservatorship of Larry Flynt, L.A. Superior Court # P688238, Jimmy Flynt, Conservator; Althea Flynt; Flynt Subscription Company, Inc., a Nevada corporation; Island Distributing Company, Ltd., a B.W.I. company; LFZ, Ltd., a B.W.I. company; Flynt Distributing Company, Inc., a California corporation; Inland Empire Periodicals, an Oregon corporation; Park Place Market Inc., a Wyoming corporation, Appellees (Defendants) Cross-Appellants. L.F.P., INC., a California corporation, also sometimes designated as LFP, Inc., L.F.P., Inc., a California corporation d/b/a Larry Flynt Publications; Hustler Magazine, Inc., a California corporation; Larry Flynt, a citizen of California; the Conservatorship of Larry Flynt, L.A. Superior Court # P688238, Jimmy Flynt, Conservator; Althea Flynt; Flynt Subscription Company, Inc., a Nevada corporation; Island Distributing Company, Ltd., a B.W.I. company; LFZ, Ltd., a B.W.I. company; Flynt Distributing Company, Inc., a California corporation; Inland Empire Periodicals, an Oregon corporation; Park Place Market Inc., a Wyoming corporation, Appellants (Defendants) Cross-Appellees, v. Andrea DWORKIN, a citizen of New York; Priscilla Moree, a Wyoming citizen, individually and in her representative capacity of the Jackson, Wyoming Chapter of the National Organization for Women; and Judith Fouts, a Wyoming ci |
| Court | United States State Supreme Court of Wyoming |
Gerry L. Spence and Gary L. Shockey of Spence, Moriarity & Schuster, Jackson, for appellants/cross-appellees in case No. 89-15 and appellees/cross-appellants in case No. 89-16.
Paul B. Godfrey, George E. Powers, Jr. of Godfrey & Sundahl, Cheyenne, and Alan L. Isaacman, David O. Carson, and Kirk N. Sullivan of Cooper, Epstein & Hurewitz, P.C., Beverly Hills, Cal., for appellees/cross-appellants in case No. 89-15 and appellants/cross-appellees in case No. 89-16.
Before MACY, C.J., and THOMAS, URBIGKIT, CARDINE, * and GOLDEN, JJ.
In this appeal a public-figure plaintiff who is an outspoken opponent of pornography seeks reversal of the summary judgment entered against her in her defamation action against certain media defendants. 1 She filed her defamation action because statements concerning her appeared in an article published in the July, 1985 issue of Hustler magazine. That article was recently before us in Spence v. Flynt, 816 P.2d 771 (Wyo.1991), cert. denied, 503 U.S. 984, 112 S.Ct. 1668, 118 L.Ed.2d 388 (1992).
With the issues raised here we must explore the meaning of the free speech/libel provision of the Wyoming Constitution, 2 and the relationship of that provision to prevailing First Amendment jurisprudence of the United States Supreme Court. 3
In particular, the public-figure plaintiff maintains that Wyoming's free speech/libel constitutional provision precludes a state trial court's use of summary judgment procedure in a public-figure libel action against a media defendant. A jury must decide all issues, the public-figure plaintiff asserts. The public-figure plaintiff also contends that the challenged statements were defamatory falsehoods and not protected speech. In the alternative, the public-figure plaintiff argues that even if the challenged statements are found to be "true" or protected speech under prevailing First Amendment law, under this state's free speech/libel constitutional provision the media defendant bears the burden of proving that the statements were published with good intent and for justifiable ends.
For the reasons given below, we reject the public-figure plaintiff's claims and affirm the trial court's order granting summary judgment against all of the plaintiffs below on all of the counts contained in the complaint.
The public-figure plaintiff presented these issues for review:
1. Whether this Court will give full force and meaning to Wyoming's Constitutional provision which provides that "the jury [has] the right to determine the facts and the law, under the direction of the court" in a libel case.
2. Whether the publication was protected "opinion" and whether or not the determination of what is opinion is left to the jury under Wyoming's Constitution.
3. Whether the publication was made with "actual malice."
4. Whether the trial court invaded the province of the jury and resolved a disputed factual issue against Andrea Dworkin.
The media defendants rephrased the issues in this way:
1. Whether the statements made about plaintiff Andrea Dworkin were constitutionally protected statements of opinion.
2. Whether summary judgment was improper under Article I, Section 20 of the Wyoming Constitution.
a. Whether Article I, Section 20 forbids summary judgment in a libel action.
b. Whether the court's responsibility under the First Amendment to grant summary judgment on constitutional issues can be superseded by a provision of the state constitution.
3. Whether plaintiff Andrea Dworkin, a public figure, met her burden of coming forward with clear and convincing evidence that defendants published falsehoods about her with knowledge that they were false or with a subjective awareness of probable falsity.
4. Whether the publication about Dworkin was false and defamatory.
5. Whether there was a genuine issue of material fact with respect to Dworkin's advocacy of incest, bestiality and sex with children.
The public-figure plaintiff, Andrea Dworkin (hereinafter Dworkin), is an outspoken opponent of pornography who has engaged in vigorous and robust national debate on the subject. She has worked to accomplish the passage of an anti-pornography ordinance in major cities in the United States and has written books and articles on a variety of subjects, including her opposition to pornography and her support of feminism and the women's liberation movement. She is an admitted public figure.
In earlier litigation filed by Dworkin against some of the same media defendants in this case, she was represented by lawyer Gerry Spence. See Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188 (9th Cir.1989), cert. denied, 493 U.S. 812, 110 S.Ct. 59, 107 L.Ed.2d 26. As a result of Spence's representation of Dworkin, the media defendants in this case published an article in the July, 1985 issue of Hustler magazine featuring Spence as "Asshole of the Month." Spence v. Flynt, 816 P.2d at 793. In addition to speaking of and concerning Spence, the article refers to Dworkin. After stating that Spence on behalf of "the little guy" has won substantial monetary judgments against big corporations and would like to add Hustler to his list, the article speaks of Dworkin:
His client is "little guy" militant lesbian feminist Andrea Dworkin, a shit-squeezing sphincter in her own right. In her latest publicity-grab Dworkin has decided to sue Hustler for invasion of privacy among other things.
Dworkin seems to be an odd bedfellow for "just folks," "family values" Spence. After all, Dworkin is one of the most foul-mouthed, abrasive manhaters on Earth. In fact, when Indianapolis contemplated an antiporn ordinance co-authored by Dworkin, she was asked by its supporters to stay away for fear her repulsive presence would kill the statute * * *. Considering that Dworkin advocates bestiality, incest and sex with children, it appears Gerry "this Tongue for Hire" Spence is more interested in promoting his bank account than the traditional values he'd like us to believe he cherishes.
This case is a nuisance suit initiated by Dworkin, a crybaby who can dish out criticism but clearly can't take it. The real issue is freedom of speech, something we believe even Dworkin is entitled to, but which she would deny to anyone who doesn't share her views. Any attack on First Amendment freedoms is harmful to all [,] Spence's foaming-at-the-mouth client especially. You'd think someone of Spence's stature would know better than to team with a censor like Dworkin.
As a result of the publication of this article, Dworkin filed this lawsuit. She was one of three plaintiffs named in the action. The other two plaintiffs were Priscilla Moree, individually and as a representative of the Jackson, Wyoming Chapter of the National Organization for Women; and Judith Fouts, individually and as a representative of the Wyoming Chapter of the National Organization for Women. The complaint contained four claims. All of the plaintiffs alleged three claims: the media defendants, in publishing the article attacking the plaintiffs' attorney, sought to deprive the plaintiffs of obtaining justice, as guaranteed by Wyo. Const. art. 1, § 8; the media defendants' publication and distribution of the article constituted the tort of outrage (intentional infliction of emotional distress); and the media defendants' publication and distribution of the article constituted an overt act of conspiracy to discredit the plaintiffs and their attorney and to interfere with their exercise of rights under the Wyoming Constitution. For the fourth claim, Dworkin alone alleged that the media defendants' publication and distribution of the article constituted a libel of her. Under each claim, the plaintiffs sought fifty million dollars...
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