Mandel v. Boston case brief

Mandel v. Boston case brief - public official. ISSUE Was...

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Brad Dorn BA 18 MWF 9:15-10:20 Dr. Lynn M. Forsythe Mandel v. Boston Phoenix, Inc., 2006 U.S. App. LEXIS 19618 (1st Cir. 2006). Filing No. 05-1230. FACTS The Boston Phoenix referenced Marc Mandel as a child molester in a special report about links between mothers acusing fathers of child abuse and awarding custody to fathers. Mandel was referenced under the subheading “Losing custody to a child molester.” In the article it was also published that “a July 2002 report conducted for the Baltimore County DSS determined that Mandel had assaulted his 10- year-old daughter from an earlier marriage. The report states that Mandel's daughter accused him of seven 'incidents' of fondling…” At the time Mandel was “an assistant state's attorney in Maryland.” Mandel’s reputation was severely damaged by this report. Because Mandel never interacted with the press, and only did “low- level legal work,” Mandel was not given the status of
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Unformatted text preview: public official. ISSUE Was there malice or negligence in publishing any of the statements made in the article? HOLDING Yes, there were two statements. REASONINGThere can be malice seen in subheading Losing custody to a child molester. The statement a July 2002 report conducted for the Baltimore County DSS determined that Mandel had assaulted his 10- year-old daughter from an earlier marriage. The report states that Mandel's daughter accused him of seven 'incidents' of fondling. .. was also seen as actionable. ETHICAL CONCERNS It seems as though the newspaper does have the right to publish the information it did, just not saying those two statements in such a negative way. However, that being said, would what was damaged, Mandels reputation, be any less damaged if the newspaper had published it in a less negative light?...
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This note was uploaded on 04/18/2008 for the course BA 18 taught by Professor Forsythe during the Fall '08 term at CSU Fresno.

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Mandel v. Boston case brief - public official. ISSUE Was...

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