FAWCETT PUBLICATIONS, INC. V. MORRIS
377 P.2d 42 (1962)
NATURE OF THE CASE: Fawcett (D) challenged a decision which entered judgment in favor of
Morris (P) against D in a libel action.
FACTS: The suit grew out of an article in a 1958 issue of 'True' Magazine entitled 'The
Pill That Can Kill Sports', concerning the use of amphetamine and other similar drugs by
athletes throughout the country. The article was in the true nature of sleaze ball and hype
journalism. It talked about the illegal drugs available to athletes in particular
amphetamines and how they were delivered to student athletes. It specifically stated:
'Speaking of football teams, during the 1956 season, while Oklahoma was increasing its
sensational victory streak, several physicians observed Oklahoma players being sprayed in
the nostrils with an atomizer. And during a televised game, a close-up showed Oklahoma spray
jobs to the nation. 'Ten years ago,' Dr. Howe observed acidly, 'when that was done to a
horse, the case went to court. Medically, there is no reason for such treatment. If players
need therapy, they shouldn't be on the field.' P sued D for damages for libel. P was a
member of the 1956 Oklahoma University football team. P claimed that the article imputed to
him a crime against the laws of the state of Oklahoma and was libelous per se; and asked for
general damages in the amount of $100,000, and punitive damages in the amount of $50,000.
P's evidence at the trial shows that the substance administered to Oklahoma players and
members of the 1956 football team was 'spirits of peppermint', a harmless substance used for
the relief of 'cotton mouth', or dryness of mouth, resulting from prolonged or extreme
physical exertion; that plaintiff did not use amphetamine or any other narcotic drug, and
there was no evidence that any other member of the team used amphetamine or narcotic drugs.
P was fullback on the alternate squad of the 1956 football team and he played in all games
during the 1956 season, except two. There were sixty or seventy members of the team in 1956.
Many people asked P about the article in True, beginning shortly after its publication, and
continuing until shortly before trial. The trial court instructed the jury to return a
verdict against D, leaving only the amount of the damages for jury determination.
Mid-Continent's motion for directed verdict in its favor was sustained. The jury returned a
verdict for P of $75,000 for actual damages.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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