Yeager v. Nat'l Pub. Radio
Decision Date | 31 July 2018 |
Docket Number | Case No. 18-4019-SAC-GEB |
Parties | WILLIAM YEAGER, Plaintiff, v. NATIONAL PUBLIC RADIO, ANDREW FLANAGAN, JACOB GANZ, and ASHLEY MESSENGER, Defendants. |
Court | U.S. District Court — District of Kansas |
Plaintiff's pro se complaint (Doc. No. 1) lists five causes of action for defamation and slander at pp. 83-85. This case is before the court upon defendants' motion to dismiss. Doc. No. 12. The motion argues that the complaint fails to state a claim and that the court lacks personal jurisdiction over one defendant. As explained below, the court finds that the motion to dismiss should be granted because plaintiff has failed to state a claim.
Plaintiff and his wife (who is not a party in this case) take strong offense to and claim they have been damaged by the alleged defamatory statements discussed in this opinion. They consider the opinions published by defendants to be carelessly and unfairly formulated in contravention of the law and of the principles espoused by National Public Radio. Here, the court is concerned only with the law which does not give judges and juries the task of deciding whether many types of opinions are true or false, even though those opinions may be unjustifiably hurtful to their subjects. The court finds for the reasons described below that the alleged defamatory statements are largely unverifiable opinions or opinions based (correctly or incorrectly) upon disclosed non-defamatory facts and, therefore, do not supply a plausible basis for cause of action.
Plaintiff is 60 years old. Doc. No. 1, p. 74. According to the complaint, plaintiff has worked as an artist, filmmaker, musician, activist and humanitarian. Id. at pp. 10 & 67. He currently resides in Cottonwood Falls, Kansas. Id. at p. 28. Defendant National Public Radio (NPR) published an article about plaintiff on March 23, 2017 and broadcast an interview which concerned plaintiff on March 24, 2017. Defendant Andrew Flanagan wrote the article and he and defendant Jacob Ganz participated in the interview. Defendant Ashley Messenger is an attorney for NPR.
Plaintiff, according to his lengthy complaint, has written and recorded over 2600 songs and pursued the business of music for 14 years between 1981 and 1995. Id. at p. 69. The complaint asserts that five songs from plaintiff's first album were finalists in a national song writing contest; that he was discovered by Columbia Records president Chuck Gregory in 1984 and by GrammyAward winner Bruce Hornsby in 1990; that he was the guitar player for the "[i]nternationally recognized band 'Inner Circle' from 1985-1986;" and that his second album was played on all of South Florida's radio stations in 1985. Id. at p. 70.
Plaintiff has produced films and music videos. He claims he has five feature films listed on IMDb. Id. at p. 23. He won awards in the mid-1990s at the Palm Beach International Film Festival and the Dahlonega International Film Festival, and in later years at the Delray Beach International Film Festival (2004) and the Red Dirt International Film Festival (2015). Id. at pp. 71-73. Another film or performance art piece produced by plaintiff was "Jimmy's Story" in which plaintiff portrayed a supposed love-child of Jimi Hendrix.
Plaintiff states in the complaint that his desire to use his artistic talents to better humanity has been posted on his website for over 12 years. Id. at p. 27. His wife works with him in these endeavors. The complaint contains multiple references to plaintiff's desire to raise money to supply wheelchairs for land mine victims through, as an example, benefit concerts.
Plaintiff asserts that he is not a public figure. Id. at p. 28.
On March 23, 2017, an article by Andrew Flanagan was posted on the NPR website. The article was titled "The Most Expensive Record Never Sold - Discogs, Billy Yeager and the $18,000 HoaxThat Almost Was." The article begins: The article describes how a test pressing of plaintiff's album titled "Billy Yeager 301 Jackson St." was auctioned for $18,000.00 on a resale website - "Discogs" - which is popular with record collectors. This broke the record of $15,000.00 bid for a rare Prince album. Flanagan wrote that this record-breaking sale "seems to have been a fiction woven by the record's creator" and that the website canceled the transaction. In other words, according to Flanagan plaintiff appeared to bid $18,000.00 for his own record. This is what Flanagan referred to as the "hoax that almost was." The article includes the following statements:
On March 24, 2017, Audie Cornish of NPR interviewed defendants Flanagan and Ganz regarding a few pieces of music news. During the interview she questioned them about Flanagan's "reporting" regarding Yeager and the sale of "Billy Yeager ephemera." Doc. No. 13-2, p. 21. Flanagan explained that his report started with an email from Discogs about the record for the most expensive album sold on the site. Flanagan referred to Yeager as "a complete unknown" who sold the album on Discogs to himself to "get thisstrange type of publicity that he's been seeking his entire life." Id. at p. 22. Ganz stated:
Plaintiff alleges that he communicated several times with Ashley Messenger, seeking without success for defendants to...
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