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defendanttestimonysummary judgment
plaintiffdefendanttestimonymotionsummary judgmentmotion for summary judgmentcredibility

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McManus v. Doubleday & Co., Inc., 513 F.Supp. 1383, 7 Media L. Rep. 1475

Facts

Father Sean McManus, a priest and national coordinator for an Irish-American lobbying organization, filed a libel suit against authors Russell Warren Howe and Sarah Hays Trott, and publisher Doubleday, over a statement in their book 'The Power Peddlers.' The book, published in February 1977, included a claim that McManus' Irish Embassy file contained a notation of 'homicidal tendencies.' The statement was made in the context of discussing the Irish lobby's influence on American foreign policy, particularly in relation to the Provisional Irish Republican Army (IRA).

The book, published in February 1977, is an investigative report of foreign lobbies and lobbyists, and the influence they wield over American foreign policy. The alleged libel appears on page 391 of the book, in the midst of a subchapter on the Irish lobby. It consists of a single statement that “Father McManus' Irish Embassy file bears the mention ‘homicidal tendencies.’ ”

Issue

The main legal issues were whether the statement constituted a statement of fact or opinion, whether McManus was a public figure, and whether the defendants acted with actual malice in publishing the statement.

A threshold issue is whether the attribution of “homicidal tendencies” to plaintiff is a statement of fact or opinion.

Rule

The court applied the standard that public figures must prove actual malice to recover for libel, which requires showing that the statement was made with knowledge of its falsity or with reckless disregard for the truth.

As a public figure, therefore, plaintiff cannot recover for the alleged libel unless he establishes with “convincing clarity” that defendants published it with actual malice, that is, knowledge of falsity or reckless disregard for the truth.

Analysis

The court found that the statement about 'homicidal tendencies' could be interpreted as a statement of fact rather than opinion, especially given the context of the book discussing violence associated with the IRA. The court also determined that McManus was a public figure due to his active involvement in the public controversy surrounding Northern Ireland. The court noted that there were material issues of fact regarding whether Howe published the statement with actual malice, as there were inconsistencies in the testimony regarding the source of the claim.

In sum, plaintiff raises serious factual questions concerning the credibility of Howe and the embassy official from which a reasonable jury could find with convincing clarity that Howe, despite his testimony to the contrary, published the allegedly libelous statement with serious doubt as to its truth, or indeed, that he fabricated the reported incident altogether.

Conclusion

The court denied summary judgment for Howe, allowing the case to proceed based on potential actual malice, but granted summary judgment for Trott and Doubleday, who were found to have reasonably relied on Howe's reporting.

Accordingly, the motion for summary judgment is denied as to defendant Howe and granted as to defendants Trott and Doubleday.

Who won?

The prevailing party was Father Sean McManus against Russell Warren Howe, as the court found sufficient grounds to allow the case to proceed regarding actual malice. However, Trott and Doubleday prevailed as they were granted summary judgment.

The court denied summary judgment for Howe, finding material issues of fact regarding actual malice, but granted it for Trott and Doubleday, who were entitled to rely on Howe's reportorial ability.

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