English. Diadiun's supporters argue that making isolated facts
in an article of opinion vulnerable to defamation damages would
inhibit editorialists from arguing that a crook was wrongly
found innocent, or sportswriters from criticizing questionable
calls by umpires and referees. However, the Supreme Court--reluctant to resolve the opinion-fact dilemma in the past--could decide the case in a way that once again sidesteps the
issue.
</p>
<p> Lawyers and philosophers thrive on legal puzzles. Most
journalists wish they would go away. But with publications
increasingly mixing reportage and commentary, and with juries
eager to reward those skewered by the press--as evidenced by
the $34 million awarded last month to a lawyer who sued the
Philadelphia Inquirer, even though that award may well be
reduced or overturned on appeal--libel threats are not a
matter that news organizations can ignore.
</p>
<p> The issues in this case, though, have less to do with legal
hairsplitting than with basic sentiments about the value of
free expression and the press. A belief in the virtue of an
unshackled and vigorous press means recognizing that the leeway
demanded by free debate will sometimes allow writers to
overreach their knowledge, or even to trample the truth.
However, if one believes that uninhibited speech is dangerous
or that the press too frequently serves up sensationalistic
trash, one takes the opposite view.
</p>
<p> Nonetheless, anyone who has ever endured a public insult can
understand why juries act as they do. Words hurt. Juries cannot
alleviate pain, but they can, for vengeance's sake, exact a
pound of flesh. Their motivation for doing so is reinforced by
the perceived indifference of the press to individuals' rights
and sensibilities. Though many newspapers have established
corrections policies, few offer the aggrieved a hearing before
an impartial arbiter. No arbitration process will stave off all
lawsuits, of course. But until more news organizations create
other remedies for the aggrieved, they and their attorneys will
constantly be in court, hoping for a sympathetic hearing from
judges and juries who are far from convinced that the press