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Summaries of Published Opinions by Media Law Practice Group
Erickson v. Jones Street Publishers, LLC, 368 S.C. 444, 629 S.E.2d 653 (S.C. 2006).
A private guardian ad litem filed a lawsuit against Charleston City Paper, alleging causes of action for defamation, invasion of privacy, and negligence. The circuit judge dismissed the guardian’s claims against the publisher. Guardian appealed. The Supreme Court held that a guardian was not a public official but rather a private figure. The Court also found that evidence supported the jury’s finding that the publisher acted with malice. Affirmed in part, reversed in part, and remanded. John J. Kerr represented Charleston City Paper.
Evening Post Publishing Co. v. City of North Charleston, 363 S.C. 452, 611 S.E.2d 496 (S.C.2005). This is a Freedom of Information Act case. Newspaper filed declaratory judgment action seeking access to tapes of police emergency calls related to a shooting incident in North Charleston. The Circuit Court denied access and the newpaper appealed. The S.C. Supreme Court held that the financial burden of a potential change in venue did not justify withholding the tape, and that the city was not entitled to a presumption that it would be harmed by disclosure of the contents. John J. Kerr
George v. Fabri, 345 S.C. 440, 548 S.E.2d 868 (S.C. 2001). This was a libel and slander case. A city council candidate and an engineering firm he founded brought suit against opposing candidate, relating to false statements made by the opponent on web site and in campaign materials. Actual malice was not found in the matter. Charles J. Baker, III
JUDGE TOSSES LIBEL ACTION AGAINST NEWSPAPERS, by John J. Kerr
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