ZERAN V. DIAMOND BROADCASTING, INC.
203 F.3d 714 (10th Cir. 2000)
NATURE OF THE CASE: Zeran (P) appealed a summary judgment to Diamond (D) on P's claims
alleging defamation, false light invasion of privacy, and intentional infliction of
emotional distress. D cross-appealed the denial of its application for costs.
FACTS: After the bombing of the Alfred P. Murrah Federal Building in downtown Oklahoma
City, a posting appeared on an Internet bulletin board announcing the availability for sale
of 'Naughty Oklahoma T-Shirts,' bearing such slogans, to repeat only the least offensive, as
'Rack'em, Stack'em and Pack'em -- Oklahoma 1995' and 'Visit Oklahoma -- it's a Blast.'
Another slogan crudely referenced the children who died in the bombing. The posting was made
by someone using the screen name 'Ken ZZ03 ' and indicated that the shirts could be ordered
by telephone. The number provided was P's business telephone number. P is an accomplished
artist, photographer, and film maker. The true identity of Ken ZZ03 remains unknown, as the
account was opened with false information under AOL services. The perpetrator continued
under different names to post P's phone number. P began receiving phone calls, which he
described as 'negative,' 'unpleasant,' and 'nasty and threatening.' The additional postings
were made on April 26, 1995, and on April 28, 1995. P demanded AOL remove the postings but
it declined. D owns KRXO, a classic-rock radio station in Oklahoma City. On April 29, 1995,
an AOL member sent an e-mail containing a copy of the original, offensive posting to one of
KRXO's on-air personalities, Mark ('Shannon') Fullerton, who, together with Ron ('Spinozi')
Benton, hosted the 'Shannon & Spinozi Show,' a drive-time morning show, which usually
consisted of light-hearted commentary, humor, and games. In the aftermath of the bombing,
and continuing for a period of four to six weeks thereafter, however, the show had become a
forum for discussion of the bombing and expression of the emotions it aroused. Its tone was
serious and somber. Shannon immediately learned that the AOL screen name was not longer
valid. Shannon did not call the number because it was before business hours. Shannon then
went live and read P's phone number on air. P got 80 very angry phone calls which included
death threats. D eventually retracted the statements. P visited a family physician and got
an anti-anxiety drug. P sued D for defamation, false light invasion of privacy, and
intentional infliction of emotional distress. The district court granted D's motion for
summary judgment on all claims. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment