CONCLUSION ..... 1661. Negligently misquoting a public figure is a pardonable offense under the "actual malice" standard articulated in New York Times Co. v. Sullivan. VANDERBILT LAW REVIEW [Vol. Malcolm_s article included many long direct quotations from Masson. Citation501 U.S. 496, 111 S. Ct. 2419, 115 L. Ed. Thereafter, respondent … Basic Facts: Jeffrey Masson was a Harvard-trained psychoanalyst who was hired at the Sigmund Freud archives as project director. Dr. Jeffrey Masson was fired from his position at Sigmund Freud Archives for sharing his controversial opinions on Freud’s seduction theory in a series of 1981 New York Times articles, which upset his employer. 43:1637. V. SUGGESTED REFORMS ..... 1657. 1350 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. In contrast, from 1964—when the Court decided New York Times v. Sullivan—through 1991, when it decided both Masson v. New Yorker Magazine and Cohen v. Cowles Media, there was rarely a term in which the Justices did not render decisions in multiple media law cases. Part III analyzes the deci-sion and explains why the majority's standard for false quotations is superior to the standards proposed by the dissent, the petitioner, and the Ninth Circuit Court of Appeals. Mere negligence does not suffice. Syllabus. Following are excerpts from the Supreme Court's decision yesterday in Masson v. New Yorker, holding that fabricated quotations may be libelous if they materially alter the meaning of … The Majority Opinion After analyzing the Dunn, Hotchner, and Carson cases,32 the Harlan’s Plessy dissent seems unequivocal. Masson v. New Yorker Magazine, !11 S. Ct. 2419, 2429 (1991). 2 . 1637. granted, 111 S. Ct. 39 (1990); see infra notes 189-97 and accompanying text. In contrast, from 1964—when the Court decided New York Times v. Sullivan—through 1991, when it decided both Masson v. New Yorker Magazine and Cohen v. Cowles Media, there was rarely a term in which the Justices did not render decisions in multiple media law cases. However, Masson shortly became disillusioned with Freudian psychology. See also Masson v. New Yorker Magazine, Inc., 895 F.2d 1535, 1565-66 (9th Cir. 89-1799 Argued: January 14, 1991 Decided: June 20, 1991. INTRODUCTION. 1989) (citing Herbert and a district court opinion, Simmons Ford, Inc. v. Consumers Union, 516 F. Supp. No. Dissenting Opinion ..... 1653. 2419, 2437, 115 L.Ed.2d 447 (1991). Case opinion for US Supreme Court MASSON v. NEW YORKER MAGAZINE, INC.. Read the Court's full decision on FindLaw. This ruling provoked an incredulous dissenting opinion,3 as well as ... Masson v. New Yorker Magazine: Actual Malice and Direct Quotations-The Constitutional Right to Lie, 65 Notre Dame L Rev 564, 584-85 (1990) (endorsing Judge Kozinski's approach). " Photograph by … Louisiana, 379 U. S. 64, 74 (1964)" (Masson v New Yorker Magazine, Inc., 501 US 496, 510 [1991]). See Masson v. New Yorker Magazine, Inc., 501 U.S. 496, 519, 111 S.Ct. Masson v. New Yorker Magazine. "A few days after my return to New York, Masson, in a state of elation, ... We agree with the dissenting opinion in the Court of Appeals that "[f]airly read, intellectual gigolo suggests someone who forsakes intellectual integrity in exchange for pecuniary or other gain." New York (1905). Jeffrey Masson (plaintiff) was a psychoanalytic scholar and a professor of Sanskrit and Indian studies. Masson became the project director for the Sigmund Freud Archives in 1980. The majority asserts that an inquiry into such matters is a subjective one that requires this Court to focus on the state of mind of the author at the time of the publication (majority op at 354-355). See Masson v. New Yorker Magazine, Inc., 895 F.2d 1535, 1541 (9th Cir.1989) (citing Herbert and a district court opinion, Simmons Ford, Inc. v. Consumers Union, 516 F.Supp. 1484 [Vol. I therefore respectfully dissent from Part III–B and the disposition. After Jeffrey Masson was fired from his position at the Sigmund Freud Archives, Janet Malcolm interviewed him for an article in the New Yorker magazine. Whether or not the misquoted language is defamatory, a cause of action against the media should be permitted if the language attributed to a particular person is materially different from what that person actually said. 710, 726, 11 L.Ed.2d 686 (1964). LEXIS 6152 at *6 (9th Cir. On the other hand, “an exact quotation out of context can distort meaning, although the speaker did use each reported word.” Id. We have held that under the First Amendment, a court’s role is to determine whether “[a] reasonable jury could find a material difference between” the defendant’s statement and the truth. Inaccuracy in a quotation is not actionable “unless the alteration results in a material change in the meaning conveyed by the statement.” Id. “In the eye of the law,” he says, “there is in this country no superior, dominant, ruling class of citizens. 2419, 2434, 115 L.Ed.2d 447 (1991). Rather, the plaintiff must demonstrate that the author "in fact entertained serious doubts as to the truth of his publication," St. Amant v. The United States Court of Appeals for the Ninth Circuit originally decided and filed an opinion in Masson on August 4, 1989. A. Masson v. New Yorker Magazine, Inc.1: When Does a Journalist's Alteration of a Quote Involve Actual Malice? Kevin M. ErwinMasson v. New Yorker Magazine, Inc.: ... majority and dissenting opinions in Masson. After about a year on the job, he began to disagree with Freud’s theories and was fired soon thereafter. In our earlier opinion we applied the incremental harm doctrine to one of the challenged quotations. Apr. New York Times Co. v. Sullivan, 376 U.S. 254, 279-280, 84 S.Ct. The plaintiff in Masson did not contend that The New Yorker had negligently misquoted him. VI. Masson v. New Yorker Magazine, Inc., 895 F.2d 1535, 1548 (9th Cir.) She is the author of Psychoanalysis: The Impossible Profession (1981), In the Freud Archives (1984) and The Journalist and the Murderer (1990), among other books. After Jeffrey Masson was fired from his position at the Sigmund Freud Archives, Janet Malcolm interviewed him for an article in the New Yorker magazine. Stewart and White. A. M ajority Opinion ..... 1651 B. Masson v. New Yorker Magazine, Inc. United States Supreme Court 501 U.S. 496 (1991) Facts. MASSON V. NEW YORKER MAGAZINE, INC. A. 1981), on which Herbert relied). 2d 447 (1991), the United States Supreme Court acknowledged again that when a public figure or official is a plaintiff in a libel action, the plaintiff must prove the libel by clear and convincing evidence. IV. 89-1799. 1651. Negligently misquoting a public figure is a pardonable offense under the "actual malice" standard articulated in New York Times Co. v. Sullivan.2 The allegedly libeled plaintiff in Masson maintained that the woman who penned his profile deliber- Opinion for Masson v. New Yorker Magazine, Inc., 832 F. Supp. HASTINGS COMM/ENT L.J. In our earlier opinion we applied the incremental harm doctrine to one of the challenged quotations. Decided June 20, 1991. In Masson the Supreme Court had to decide an unusual issue for the first time: the extent to which a journalist's “deliberate alteration” of an interviewee's words is protected by the First Amendment. As the Supreme Court has recognized, writers must be given some leeway to offer “rational interpretation” of ambiguous sources. I. Masson v. New Yorker Magazine, Inc., No. The Supreme Court granted certiorari and reversed the grant of summary judgment and remanded on June 20, 1991. Masson v. New Yorker Magazine, Inc., 501 U.S. 496, 525, 111 S.Ct. 6, 1992). II. We did not, however, specify the source of the doctrine. However, this represents only the Ninth Circuit's estima-tion of what the California Supreme Court would hold on the issue, because California state courts have yet to rule on the subject. From this sparse body of law was born Masson v. New Yorker Magazine, Inc., a case which tried to provide some legal standards for dealing with fictionalized quotations. 501 U.S. 496 (1991), argued 14 Jan. 1991, decided 20 June 1991 by vote of 7 to 2; Kennedy for the Court, White, joined by Scalia, in partial dissent. 2d 447, 1991 U.S. Brief Fact Summary. (Kozinski, J., dissenting), cert. Clarence Thomas thinks that was just fine. Petitioner Masson, a psychoanalyst, became disillusioned with Freudian psychology while serving as Projects Director of the Sigmund Freud Archives, and was fired after advancing his own theories. To quote or not to quote' is no longer a valid question in defama-tion. 87-2665, 1992 U.S. App. Argued Jan. 14, 1991. The case came to the Court an as appeal by plaintiff from a summary judgment granted to defendants. [Vol. Justice Clarence Thomas filed a dissenting opinion on the Flowers v. Mississippi case, regarding its racially biased prosecutor. Who were these justices? Jeffrey M. MASSON, Petitioner v. NEW YORKER MAGAZINE, INC., Alfred A. Knopf, Inc. and Janet Malcolm. See Masson v. New Yorker Magazine, Inc., 895 F.2d 1535, 1541 (9th Cir. The last two departures are perhaps the most significant. The plaintiff in Masson did not contend that The New Yorker had negligently misquoted him. Masson v. New Yorker Magazine considers whether false quotations about a public figure meet this requirement. Facts . The last two departures are perhaps the most significant. In fact, they could have voted with the dissenting justices and flipped the outcome of the case. The Respondent, New Yorker Magazine (Respondent), published an article that purported to quote the Petitioner, Jeffrey Mason (Petitioner). 742 (S.D.N.Y.1981), on which Herbert relied). MASSON V. NEW YORKER MAGA-ZINE ..... . 1. The article presented Masson as extremely arrogant and condescending; at one point, he was quoted as calling himself "the greatest analyst who ever lived." When you read the court excerpts from New York Times v. United States, the opinions of two justices in the majority sound like dissents. Janet Malcolm (born 1934 as Jana Wienerová) is an American writer, journalist on staff at The New Yorker magazine, and collagist. The allegedly libeled plaintiff in Masson maintained that the woman who penned his profile deliberately misquoted him in a number of defamatory passages. ... MASSON v. NEW YORKER MAGAZINE, INC.(1991) No. Malcolm_s article included many long direct quotations from Masson. Facts of the case. Masson v. New Yorker Magazine, Inc., 501 U. S. 496, 522 (1991) . 895 F.2d, at 1551. 14:423. Few cases in recent years have attracted as much pre-decision attention as Masson v. New Yorker Magazine, Inc., the "altered quotes" case. 742 (S.D.N.Y. ANALYSIS ..... 1655. 25:1483. Masson v. New Yorker –Chris Marshall. More recently in Masson v. New Yorker Magazine, Inc., ___ U.S. ___, 111 S. Ct. 2419, 115 L. Ed. Judge Alex Kozinski, who called the attention of the Supreme Court to this abuse of truth, protested in his winning dissent that The New Yorker was "asking for the right to lie in print." Masson v. New Yorker Magazine, Inc., 501 U.S. 496, 517 (1991). Harvard-Trained psychoanalyst who was hired at the Sigmund Freud archives in 1980 the allegedly libeled in! Basic Facts: jeffrey Masson ( plaintiff ) was a psychoanalytic scholar and a of! The Flowers v. Mississippi case, regarding its racially biased prosecutor ), cert (. Sullivan, 376 U.S. 254, 279-280, 84 S.Ct harm doctrine to one of case... 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