Libel - Will Words Never Hurt - Janklow v. Newsweek, Inc.
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Authors
Kearney, Connie A.
Issue Date
1986
Volume
19
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In 1984, William Janklow, Governor and former Attorney General of South Dakota, initiated a libel action against Newsweek Magazine ("Newsweek"), Janklow v. Newsweek, Inc. The basis for the action was an article published by Newsweek. This article described the activities of Indian activist Dennis Banks and Janklow's efforts to prosecute and sentence Banks for his involvement in the 1973 riot at the Custer, South Dakota, courthouse. Janklow charged that the Newsweek article defamed him by accusing him of improper motives in prosecuting Banks. The United States District Court for the District of South Dakota agreed that the meaning which could be drawn from the article was susceptible to the defamatory interpretation that Janklow claimed. The district court, however, relying on Gertz v. Robert Welch, Inc. , characterized the expression as constitutionally protected opinion and granted summary judgment in favor of Newsweek...
Description
Citation
19 Creighton L. Rev. 1015 (1985-1986)
Publisher
Creighton University School of Law