Chapter 3 - Case Problem 3.5

Case Problem 3.5

The National Enquirer, Inc. is a Florida corporation with its principle place of business in Florida. It publishes the National Enquirer, a national weekly newspaper with a total circulation of more than 5 million copies. About 600,000 copies, almost twice the level in the next highest state, are sold in California. The National Enquirer published an article about Shirley Jones, an entertainer. Jones, a California resident, filed a lawsuit in California state court against the National Enquirer and its president, who was a resident of Florida. The California lawsuit sought damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress. Calder v. Jones, 465 U.S. 783, 104 S. Ct. 1482, 79 L.Ed.2d 804, Web 1984 U.S. Lexis 4 (Supreme Court of the United States)

1. What kind of paper is the National Enquirer?

2. Was it ethical for the National Enquirer to try to avoid suit in California?

3. Are the defendants subject to suite in California? Why or why not?

Answers:

1. The National Enquirer is a national weekly newspaper that specializes in celebrity gossip. For the most part, the Enquirer gets its stories from “inside sources” or “sources close to” the subject of the article. Sometimes the stories are true with added exaggerations and sometimes the stories are completely fabricated and false. At any rate, the newspaper is a weekly tabloid or, as some people call it, “smut.”

2. I do believe it was unethical for the magazine, its publisher, writer, and editor to all try to avoid suit in California. I believe that instead of fighting the suit they should have just accepted it and dealt with the cards they were given. The suit was filed because Ms. Jones felt her character was being maliciously defamed and I believe the magazine was ethically, if not legally, obligated to allow her to say her side.

3. The defendants are indeed subject to suit in California based on the long-arm...