Klayman v. Segal
Decision Date | 18 October 2001 |
Docket Number | No. 00-CV-896.,00-CV-896. |
Citation | 783 A.2d 607 |
Parties | Larry KLAYMAN, Appellant, v. David SEGAL, et al., Appellees. |
Court | D.C. Court of Appeals |
Larry Klayman, pro se.
Kevin T. Baine, Washington, DC, with whom Margaret A. Keeley was on the brief, for appellees.
Before STEADMAN, SCHWELB and REID, Associate Judges.
Appellant Larry Klayman challenges the trial court's dismissal, under Super. Ct. Civ. R. 12(b)(6) (2000) ( ), of his amended complaint alleging defamation and false light invasion of privacy against appellees (David Segal and The Washington Post). He filed a timely notice of appeal, contending that, contrary to the trial court's conclusion, a statement1 in an October 25, 1999, article published in The Washington Post and written by Mr. Segal: (a) "is reasonably capable of being understood in a defamatory sense" because it "falsely caused [him] to appear so bent on publicity for himself that he is insensitive to the murder of innocent children...."; and (b) places him in a false light that would be "offensive to any reasonable person." We hold, although it is a fairly close call, that when read in context, a reasonable person of ordinary intelligence would not understand the fair and natural meaning of the statement in question to be that Mr. Klayman is insensitive to the murder of innocent children. Thus, as a matter of law, the statement is neither reasonably capable of defamatory meaning, nor does it place Mr. Klayman in a highly offensive light.
Mr. Klayman, self-described as "the founder and General Counsel of a conservative pro-life ethics organization and public interest law firm, Judicial Watch, Inc.,"2 was the subject of a series of articles appearing in The Washington Post, entitled "Klayman's Chronicles."3 In his amended complaint against Mr. Segal and The Washington Post, he alleged that the articles were "intended to ridicule, embarrass and defame [him] and hold [him] in a false light." In particular, he complained about an article appearing under Mr. Segal's byline on October 25, 1999, in the business section of the newspaper. The article, "Guess Who's on the Line," reads in full:
During the hearing on the motion to dismiss his amended complaint, the trial judge asked Mr. Klayman to identify the section of the article that he contended was defamatory. He responded, in part:
[A]n article must be read in total context.... But the specific statement that pushes this thing over the top into the area of being defamatory is " . . .' That statement is totally one hundred percent false. I even submitted to a polygraph examination to show Your Honor that.... Larry Klayman and Judicial Watch are a public interest law firm that believes in ethics, Judeo Christian ethics, family values. . . . [T]his was a series called the Klayman Chronicles. . . . No lawyer that I know of has ever been subjected to a series which runs almost every two weeks and tries to make him ridiculous and odious and stupid in front of courts. . . . It is intended to try to make Larry Klayman look as if he's so bent on publicity he'll bring any lawsuit at any time and he doesn't even care about the death of innocent children because all he wants is publicity and to make money and to go on with his public interest law firm called Judicial Watch. That is defamatory particularly in the context that we are pro-life, we are pro-family, we represent groups such as Focus on the Family, . . . we represent the moral majority of Dr. Falwell. And it was intended to humiliate Larry Klayman, and to defame me to say I don't care about young children being killed.
Counsel for appellees disagreed with Mr. Klayman's interpretation of the article. He stated that, read in context, the article "means that Mr. Klayman tried to get on talk shows all the time, in the words of the column, regardless of the day's news because he regards his work as important." Asked to address Mr. Klayman's pro-family argument, counsel for appellees responded, in part:
In addition to Mr. Klayman's pro-family argument, the trial judge asked counsel for appellees to focus on the "[s]o what?" statement in the article. He replied, in part:
Again, you can't read those words alone, you must read them in connection with the rest of the column. In context they don't mean so what[,] I don't care whether anybody got murdered yesterday and it's a matter of moral indifference to me whether innocent children are slaughtered or not. It means so what does that have to do with my request to you to call up a television talk show, that is not a reason to suspend our activities today.
Later, when the trial judge expressed doubt as to where the article implied that Mr. Klayman did not "care about innocent children," Mr. Klayman retorted:
The trial judge granted appellees' motion to dismiss, stating, in pertinent part:
Mr. Klayman contends that the trial court erred in concluding that The Washington Post article "does not say, directly or by implication, that Mr. Klayman does not care about the murder of children or about school shootings (or about Hollywood or Tiananm[e]n Square)." Citing Wallace v. Skadden, Arps, Slate, Meagher & Flom, 715 A.2d 873, 877 (D.C.1998), he argues that: "Whether the statements at issue here were understood in this defamatory sense—and [Mr. Klayman] submits...
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