Stevens v. Sun Pub. Co., No. 20584
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | NESS; LEWIS |
| Citation | 270 S.C. 65,240 S.E.2d 812 |
| Parties | , 3 Media L. Rep. 2025 James P. STEVENS, Respondent, v. The SUN PUBLISHING COMPANY, Appellant. |
| Decision Date | 18 January 1978 |
| Docket Number | No. 20584 |
Page 812
v.
The SUN PUBLISHING COMPANY, Appellant.
Page 813
[270 S.C. 66] William L. Pope, of Robinson, McFadden, Moore & Pope, Columbia, McCutcheon & McCutcheon, Conway and Wahl & Gabel, Jacksonville, Fla., for appellant.
[270 S.C. 67] J. M. Long, Jr., Conway, for respondent.
[270 S.C. 68] NESS, Justice:
This appeal is from a jury verdict of $50,000.00 actual damages rendered in a libel suit instituted by respondent James P. Stevens against appellant, The Sun Publishing Company. We affirm.
Respondent Stevens served as State senator for Horry County from 1955 to 1976. The Sun Publishing Company owns and publishes two newspapers, The Field and
Page 814
Herald and The Sun News, in which the allegedly libelous articles appeared.Stevens was one of seven stockholders of Sandy Island Corporation which purchased approximately 4,000 acres of Sandy Island in Georgetown County in 1964. Among the other stockholders were the Chairman of the Horry County Airport Commission, the Mayor of North Myrtle Beach, and respondent's brother, Tommie Stevens a/k/a Thomas McDuffie McCleod.
Four of the seven stockholders of Sandy Island Corporation, including Tommie Stevens, subsequently formed Sandy Island Development Corporation to develop a portion of the island purchased from Sandy Island Corporation. Respondent was not a stockholder of the development corporation. [270 S.C. 69] The allegedly libelous articles concerned respondent's involvement with Sandy Island and the activities of his brother Tommie.
During dredging operations performed by the development corporation, controversy arose between the U.S. Corps of Engineers and the Corporation. A cease and desist order was issued by the Corps to halt allegedly unlawful dredging operations, but was voided by a federal judge. As a result of this litigation and the general interest in tidelands matters in the area, public interest was generated in the events surrounding Sandy Island's development.
The allegedly libelous article reprinted in the transcript of record from The Sun News was entitled "Sandy Island Purchase Start of Legal Tangle." Apart from providing a general history of the pertinent Sandy Island activities, the article discussed the involvement of respondent's brother, Tommie Stevens in the venture. Characterizing him as "a colorful Florida ex-millionaire," the article referred to Tommie Stevens' "hazy background" of business dealings. The following excerpt from the Tampa Tribune, quoted in The Sun News article is a representative sample of the overall tenor of the description of respondent's brother:
"Tampa businessman wheeler-dealer Tom McCleod, 54, who came to town in 1967, left last month with a figurative suitcase full of thousand dollar bills, apparently from last minute business dealings which are being legally questioned." (Tr. p. 219).
The article also explored McCleod's (nee Stevens') marital problems. His ex-wife, Marlene McCleod, was quoted at length, not only with respect to her former husband but also regarding his relationship with respondent. Ms. McCleod referred to her ex-husband as "an incredible con man and business manipulator who had ruined many people's lives." She made the following comments about McCleod's relationship with respondent:
[270 S.C. 70] "James (Stevens) has had nothing but headaches from his brother . . . James will do pretty much as Tom tells him. Tom uses James." (Tr. p. 221).
Thus the article implied Senator Stevens was being manipulated by his con-man brother. It also incorrectly stated respondent was being sued for abuse of political power.
The exceptions raised by appellant all relate...
To continue reading
Request your trial
-
Holtzscheiter v. Thomson Newspapers, Inc., No. 24842.
...S.Ct. at 1326, 20 L.Ed.2d at 267. 18. This Court has on occasion applied the New York Times standard. Stevens v. Sun Publishing Company, 270 S.C. 65, 72, 240 S.E.2d 812, 815-16, cert. denied, 436 U.S. 945, 98 S.Ct. 2847, 56 L.Ed.2d 786 (1978) states: "We believe actual malice is established......
-
Anderson v. The Augusta Chronicle, No. 3597.
...however, does not afford defamatory political speech absolute immunity. See id. at 455, 548 S.E.2d at 876; Stevens v. Sun Publ'g Co., 270 S.C. 65, 71, 240 S.E.2d 812, 815 (1978) ("An individual's status as a public figure does not immunize a publisher from liability when it prints defamator......
-
Richmond Newspapers, Inc. v. Lipscomb, No. 840737
...66 L.Ed.2d 827 (1981); Burns v. McGraw-Hill Broadcasting Company, Inc., 659 P.2d 1351, 1361-62 (Colo.1983); Stevens v. Sun Publishing Co., 270 S.C. 65, 71, 240 S.E.2d 812, 815, cert. denied, 436 U.S. 945, 98 S.Ct. 2847, 56 L.Ed.2d 786 Lipscomb cites no other United States Supreme Court case......
-
Stokes v. Cbs Inc., Civ. No. 4-96-178 (DSD/JMM).
...the story is "not `hot news' and is [published] despite warnings to its author concerning its falsity." See Stevens v. Sun Publishing Co., 270 S.C. 65, 240 S.E.2d 812, 815 (1978). Both WCCO and American Journal knew that Johnson had investigated the murder for months without making an arres......
-
Holtzscheiter v. Thomson Newspapers, Inc., No. 24842.
...S.Ct. at 1326, 20 L.Ed.2d at 267. 18. This Court has on occasion applied the New York Times standard. Stevens v. Sun Publishing Company, 270 S.C. 65, 72, 240 S.E.2d 812, 815-16, cert. denied, 436 U.S. 945, 98 S.Ct. 2847, 56 L.Ed.2d 786 (1978) states: "We believe actual malice is established......
-
Anderson v. The Augusta Chronicle, No. 3597.
...however, does not afford defamatory political speech absolute immunity. See id. at 455, 548 S.E.2d at 876; Stevens v. Sun Publ'g Co., 270 S.C. 65, 71, 240 S.E.2d 812, 815 (1978) ("An individual's status as a public figure does not immunize a publisher from liability when it prints defamator......
-
Richmond Newspapers, Inc. v. Lipscomb, No. 840737
...66 L.Ed.2d 827 (1981); Burns v. McGraw-Hill Broadcasting Company, Inc., 659 P.2d 1351, 1361-62 (Colo.1983); Stevens v. Sun Publishing Co., 270 S.C. 65, 71, 240 S.E.2d 812, 815, cert. denied, 436 U.S. 945, 98 S.Ct. 2847, 56 L.Ed.2d 786 Lipscomb cites no other United States Supreme Court case......
-
Stokes v. Cbs Inc., Civ. No. 4-96-178 (DSD/JMM).
...the story is "not `hot news' and is [published] despite warnings to its author concerning its falsity." See Stevens v. Sun Publishing Co., 270 S.C. 65, 240 S.E.2d 812, 815 (1978). Both WCCO and American Journal knew that Johnson had investigated the murder for months without making an arres......