Also known as: print · prints · printed · printer · publication · reproduction
Written by attorneys · grounded in primary & secondary sources — see below
The dissemination of written or printed material to third parties. In defamation law this communication supplies the publication element that triggers potential liability even without proof of special harm when the content imputes a criminal offense or loathsome disease.
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Phoebe Park regularly mailed copies of her monthly magazine into State X. A story in one issue accused a local official of embezzlement. The official sued Park for libel in State X court. Because Park could reasonably anticipate being haled into court where her publication was sold and caused harm, the court upheld personal jurisdiction.
Preston Pratt broadcast a radio segment claiming that Patrick Phan had committed tax fraud. The statement reached thousands of listeners. Phan sued for defamation. Because the broadcast imputed a criminal offense, Pratt faced liability even though Phan proved no special harm.
Pearl Porter testified as an expert on market manipulation. On cross-examination opposing counsel called her attention to a statement in a securities treatise. Porter admitted the treatise was a reliable authority. The court allowed the statement to be read into evidence but refused to admit the book itself as an exhibit.
Philip Powell administered an estate with numerous unknown heirs scattered across several states. After reasonable efforts failed to locate some beneficiaries, the court authorized notice by publication in a newspaper of general circulation. The publication satisfied due process for those whose identities and addresses remained unknown.
Perry Pratt published one edition of a newspaper containing a false statement about Paragon Construction. The company sued in multiple states where copies had been sold. Because the edition constituted a single publication, Paragon could recover all damages in one action rather than filing separate suits.
Peak Performance sent a letter to a customer falsely stating that Patriot Insurance was insolvent. The letter reached the customer's business partners. Patriot sued for slander of title. The communication of the falsehood to third parties satisfied the publication element of the claim.
Yes. Any one edition of a book or newspaper or any one radio or television broadcast is treated as a single publication. All damages suffered in all jurisdictions may be recovered in one action, and only one action for damages can be maintained.
A court may order service by publication when the names and addresses of parties are unknown after reasonable efforts and the cost of personal service on every interested person would be prohibitive. Publication suffices for unknown parties provided all defendants have substantially identical interests.
…of the Advisory Committee on Corporate Disclosure to the Securities and Exchange Commission, 95th Cong., 1st Sess., 327 (Comm. Print 1977). [^maj-15]: Subsequently, the Sixth Circuit denied a petition for rehearing en banc in this case. App. to Pet. for Cert. 144a. Concurring separately, Judge Wellford, one of the…
…it may be to quantify in any particular case.” Id. , at 830. The official policy and practice at the Journal was that prior to publication, the contents of the column were the Journal’s confidential information. Despite the rule, with which Winans was familiar, he entered into a scheme in October 1983 with Peter Brant and…
…which formed the basis for Evercore’s valuation analyses, reflected MFW’s deteriorating results, especially in Harland’s check-printing
…BREYER, JJ., joined. Majority opinion Opinion of the Court NOTICE: This opinion is subject to formal revision before publication
…and mixed-blood members, and for the finality of those rolls. Section 5, as amended, 25 U. S. C. § 677d, provided that upon the
The publication must be established as a reliable authority by the expert's admission or testimony, by another expert's testimony, or by judicial notice. Once admitted, the statement may be read into evidence but may not be received as an exhibit.
Yes. A publisher that regularly circulates its magazine in a state and thereby causes potential injury there may be sued for libel in that state consistent with due process because it can reasonably anticipate being haled into court where its publication is sold and causes harm.
Yes. One who publishes matter defamatory to another in such a manner as to make the publication a slander is subject to liability although no special harm results if the publication imputes a criminal offense.