Business Ethics Case

3.5 Business Ethics The National Enquirer, Inc., is a Florida corporation with its principal 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 NationalEnquirer 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?

The National Enquirer is basically a gossip magazine for celebrities and the like.

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

Not at all.

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

No because of the jurisdiction laws.

1.Who were the defendants and what contacts did each have with California?

The defendants consisted of the National Enquirer, its distributor, the writer of the article, and Calder, the editor-in-chief of the magazine. Jones asserted that the court had jurisdiction based on the large circulation Enquirer enjoyed in California - selling over 600,000 copies each week out of a total national circulation of about 5,000,000 copies per week. The defendants did not reside in California they were all in Florida where the magazine is located at.

2. Were the defendants subject to suit in California? Why or why not?

The trial court dismissed the claim as to the author and editor on the grounds that it lacked personal jurisdiction over the defendants, basing this finding on First Amendment concerns that permitting jurisdiction in...