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Interviews Could be Costly in Libel Case.


LAWYER Lin Wood, champion of people abused by the press, now invokes the protection of the First Amendment for one of his most famous clients, Richard Jewell For other persons named Richard Jewell, see Richard Jewell (disambiguation).
Richard A. Jewell (December 17 1962 – August 29 2007) was a central figure of the Centennial Olympic Park bombing at the 1996 Summer Olympics in Atlanta, Georgia, United States.
.

He's doing it, he says, not only to protect Jewell but to protect journalism itself.

If Wood's claim to be a friend of the press seems odd -- and it does to the long list of news organizations lined up against him -- consider his argument.

It comes in the libel case he filed against the Atlanta Journal-Constitution for Jewell, the former Olympic security guard who in 1996 went from hero to villain VILLAIN., An epithet used to cast contempt and contumely on the person to whom it is applied.
     2. To call a man a villain in a letter written to a third person, will entitle him to an action without proof of special damages. 1 Bos. & Pull. 331.
 to victim. Jewell found a bomb in Atlanta's Centennial Olympic Park Centennial Olympic Park is a 21 acre (85,000 m²) public park located in downtown Atlanta, Georgia, USA that is owned and operated by the Georgia World Congress Center Authority. , soon was suspected of planting it and eventually was cleared.

During the 3 1/2 days when he was still a hero, Jewell granted a dozen interviews with journalists, from Katie Couric Katherine Anne "Katie" Couric (born January 7, 1957) is an American journalist who became well-known as co-host of NBC's Today. In 2006, she made a highly publicized move from NBC to CBS, and on September 5, 2006 she became the first woman to solo-anchor of the weekday  on the Today Show to a summer intern intern /in·tern/ (in´tern) a medical graduate serving in a hospital preparatory to being licensed to practice medicine.

in·tern or in·terne
n.
 at the Journal-Constitution. He had every right under the First Amendment to do so, Wood argued to a state appeals court last week.

True enough.

The problem is that when you step into the public spotlight; you just might lose something. Jewell seems to have lost a degree of libel protection, and Wood is not the least bit happy about it.

He's not happy because an Atlanta judge ruled the initial publicity made Jewell something of a public figure, and the law makes it harder for public figures to win libel cases than private individuals.

To Wood's way of thinking, this penalizes people who agree to be interviewed by journalists. He says it curtails their First Amendment right to free speech.

This is where Wood converts himself into a friend of the press. "The fact is that when you chill the private citizen's First Amendment right to provide information about events," Wood said, "you clearly are hindering the press's ability to disseminate dis·sem·i·nate  
v. dis·sem·i·nat·ed, dis·sem·i·nat·ing, dis·sem·i·nates

v.tr.
1. To scatter widely, as in sowing seed.

2.
 information about that very newsworthy news·wor·thy  
adj. news·wor·thi·er, news·wor·thi·est
Of sufficient interest or importance to the public to warrant reporting in the media.



news
 event."

An alarming situation, indeed.

And yet, "I don't stay awake at night worrying about it," says Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press The Reporters Committee for Freedom of the Press (RCFP) is an American nonprofit organization, founded in 1970, which provides free legal assistance to journalists. A number of prominent journalists presently sit on the organization's steering committee, including Walter Cronkite, .

People either talk to reporters or they don't, and she doubts they read libel law to help them decide.

The Supreme Court gives greater leeway lee·way  
n.
1. The drift of a ship or an aircraft to leeward of the course being steered.

2. A margin of freedom or variation, as of activity, time, or expenditure; latitude. See Synonyms at room.
 to a news organization to be wrong when it's reporting on public figures than on private folks. The idea is to encourage a robust and free-flowing debate on issues of public concern and of people in public life.

Public figures who believe they've been defamed must do more than prove what was said about them was false. Unlike private individuals, they must also show that the news organization knowingly published falsehoods, or at least recklessly disregarded the truth.

Is it fair, Wood asks, for Jewell's cooperation with the press to make it harder for him to right the wrong done to him?

"This notion that somehow you're losing libel protection is an odd one," says Peter Can-field, who represents the Atlanta newspapers. "If you choose to speak out on an issue that people are concerned about, you ought to realize that what you say will be subject to examination and comment by others."

In Jewell's case, the fact that he found the bomb and was willing to go on international television to say so made the story that he'd become a suspect even more sensational, even more newsworthy.

Wood has it backwards, says New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 media lawyer David Schulz, who represents multiple national news organizations that filed a joint friend-of-the-court brief in the case. "He's making a First Amendment argument, but it's a First Amendment argument that would chill the press."

Ann Woolner is a columnist for Bloomberg News.
COPYRIGHT 2001 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Comment:Interviews Could be Costly in Libel Case.
Author:WOOLNER, ANN
Publication:Los Angeles Business Journal
Article Type:Brief Article
Geographic Code:1USA
Date:Jul 30, 2001
Words:610
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