The ABA Journal reports [link no longer available] that the number of libel suits has been steadily dropping in the United States:
In a very interesting case, Saffold v. Plain Dealer Publishing Co., a state court judge (Shirley Strickland Saffold) is suing the Cleveland Plan Dealer for stating that comments posted on the newspaper’s website under the screen name “lawmiss” originated from a computer used by the judge and/or her daughter. Some of these comments related to cases before Judge Saffold.
Jessica Bennett at Newsweek brought my attention to a story about the family of the killer whale trainer (Dawn Brancheau) who was killed while training the whale at SeaWorld:
Brancheau’s family announced this week that they would seek an injunction to protect the release of the death imagery, captured by SeaWorld’s surveillance cameras on Feb. 24. And though the video has not yet been publicly released, it’s presently in the hands of the Florida Orange County Sheriff’s Office, which is investigating the woman’s death.
According to FoxNews:
The Orange County Sheriff’s Office, who now has the video, has received several calls from sources trying to obtain copies of the video, the Orlando Sentinel reported.Once the Orange County Sheriff’s Office concludes its investigation, the material would become public under Florida law. . . .
Brancheau’s family said through a spokesman that public airing of the killing would only worsen their grief.They could seek a court injunction to stop the release, at least temporarily. The family has been consulting the lawyer who represented Dale Earnhardt’s widow in a court fight over his autopsy photos.
I believe that the Brancheau family has a good case. They want to prevent the sad events that happened to the family of Nikki Catsouras, whose gruesome accident death photos started appearing all over the Internet. In that case, the court held that the family could bring common law privacy claims against the police department for improperly leaking the photographs.
In Newsweek, Jessica Bennett tells the tragic story about a family being harassed by the spread of death-scene images of their daughter, who was killed in an automobile accident. The photos of Nikki Catsouras were particularly gruesome — Nikki was decapitated in the crash. According to the article, soon after the crash, photos taken by the California Highway Patrol started circulating on the Internet: