Also known as:publications · publish · publishes · published · publishing · defamatory publication
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
1
in defamation law
Communication of defamatory matter to a person other than the one defamed. The communication must be intentional or negligent. One who repeats the statement is treated as having published it.
2
Sense 1
1
in defamation law
Communication of defamatory matter to a person other than the one defamed. The communication must be intentional or negligent. One who repeats the statement is treated as having published it.
Examples2
Magazine Circulation Supports Jurisdiction
Pulse Media ships hundreds of copies of its monthly magazine into New Mexico each month and solicits local advertising. An article in one issue accuses a New Mexico real estate firm of misrepresenting property conditions. The firm sues Pulse Media for defamation in New Mexico state court. Because the publisher regularly distributes the magazine in the state and the alleged harm occurs there, the court may exercise specific jurisdiction over the out-of-state publisher.
Dictation to Secretary Constitutes Publication
Sense 2
2
in civil procedure
A method of giving notice to unknown or unascertainable parties by advertisement in a newspaper or other public medium when personal service is impracticable.
Examples3
Notice by Publication in Trust Accounting
A trustee files a petition to settle accounts for a common trust fund with many beneficiaries whose identities and addresses are unknown. The court orders notice by publication in a local newspaper for four successive weeks. Beneficiaries whose names and addresses are reasonably ascertainable receive no mailed notice. The published notice satisfies due process for unknown parties but not for known ones.
Ignorance Defense Available for Unpublished Statute
A defendant claims ignorance of a newly enacted criminal statute that was never published or otherwise made reasonably available before the alleged conduct. The statute was enacted but not distributed to the public. The ignorance defense is available because the enactment was not published or reasonably made available prior to the conduct.
Sense 3
3
in evidence law
A compilation, directory, or market report generally relied upon by the public or persons in a particular occupation and therefore admissible under an exception to the hearsay rule.
Examples1
Market Index Excerpts Offered as Evidence
A utility offers printed excerpts from a daily published electricity price index to prove the market rate in a contract dispute. The index is subscribed to by dozens of utilities and regulators who use it to benchmark settlements. The excerpts are admissible under the market-reports exception because the compilation is generally relied upon by persons in the occupation.
A method of giving notice to unknown or unascertainable parties by advertisement in a newspaper or other public medium when personal service is impracticable.
3
in evidence law
A compilation, directory, or market report generally relied upon by the public or persons in a particular occupation and therefore admissible under an exception to the hearsay rule.
Each sense below has its own examples, sources, and questions.
An employer dictates a letter accusing an employee of theft to his secretary, who types and mails it to a senator. The employee sues for defamation. The dictation to the secretary is a publication because the defamatory statement reaches a third person, even though the secretary is an employee of the same firm.
Frequently Asked1
Does dictation of a defamatory letter to a secretary constitute publication?+
Yes. Dictation to a secretary is publication because the statement reaches a third person. Most courts treat the secretary as a third party even when employed by the same firm, although the communication is often held privileged.
Publication Notice for Unknown Beneficiaries
In a trust accounting proceeding affecting many dispersed beneficiaries, the trustee publishes notice in a local newspaper after the court determines that personal service on every beneficiary would be prohibitively expensive. Beneficiaries whose names and addresses are known receive mailed notice. Publication suffices for unknown parties whose interests are identical to those who receive individual notice.
Frequently Asked1
When may a court rely on publication alone to notify parties?+
Publication alone satisfies due process for unknown or unascertainable parties when personal service is impracticable. Parties whose names and addresses are known or reasonably ascertainable must receive the best practical notice, ordinarily by mail.
1
What makes a publication admissible under the market-reports exception?+
The compilation must be generally relied upon by the public or by persons in a particular occupation. Widespread professional use supplies the requisite trustworthiness even if the data contain occasional gaps or require adjustments.
5 U.S. (1 Cranch) 137 (1803)Property
…President all bills, orders, resolutions and votes of the Senate and House which have been approved and signed, cause them to be published and distributed, carefully preserve the originals and cause them to be recorded. It provides for the seal of the United States and makes it his duty to keep that seal and to make out,…