Dan Scott v. Argus Leader
The Argus Leader reports that Sioux Falls Chamber of Commerce official Dan Scott has sued the Sioux Falls Argus Leader over his comments earlier this year.
An excerpt:
The July 15 column by Executive Editor Randell Beck included a satirical letter of apology from the foundation’s president, Dan Scott. The column was about Scott’s recent speech to South Dakota lawmakers and others in Sioux Falls.
Scott maintains in the lawsuit that readers believed the newspaper published an actual letter of apology.
Former Gov. Bill Janklow is representing Scott, according to the Argus. This has grudge match written all over it after years of Bill own parrying with the Argus. On the other hand, Bill is a helluva attorney. Bill also sued author Peter Matthiessen for defamation over his book, In the Spirit of Crazy Horse—and lost.
And, as you might expect over at SD War College, there is much glee in this turn of event in the comments.
- My take:
These cases are extremely difficult to win for public figure plaintiffs. Big media conglomerates like Gannett, the Argus’ owner, don’t settle them. They go at least to summary judgment. Dan Scott is in all likelihood a public figure. That means it’s not simple negligence. Under the New York Times v. Sullivan standard, he will have to prove that the Argus knew or should have known about the falsity of what it wrote. There is also considerable First Amendment protection for satire, which Randell Beck’s column might well be. (Not very funny satire but an attempt at satire nonetheless.)
Does that mean that Dan Scott wasn’t wronged? No. The Argus reporting on this matter was shoddy and unfair. But that is not the legal standard. Anyway, it will an interesting case to watch.
Todd Epp
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Reader Comments (2)
I should point out that a few years ago the argus had a decent sports page. Today's format is just beyond bizzare and nearly worthless. In fact, it is worthless.
Randell is not a journalist, any more than Karl Rove is. The difference is, Rove is a genius.
"Scott’s lawyer is former congressman Bill Janklow who says, “In all my life, I have never seen a more deliberate callous attempt to cause defamation and libelous injury to another human being.”"
This must be really serious stuff coming from a guy who said school officials steal from their students and that mothers are the cause of juvenile delinquency.
The quote might mean something coming from somebody like Tim Johnson or Larry Pressler, but coming from Bill Janklow it rings just a bit hollow.
Janklow has a wonderful command of language and I actually enjoy hearing and reading the way he vindictively twists words..like reading political literature at the best of its worst. He is a great inspiration for ranting and raving bloggers everywhere. The very model of the modern...................