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- <text id=91TT1449>
- <title>
- July 01, 1991: Justice Comes in Quotes
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1991
- July 01, 1991 Cocaine Inc.
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- PRESS, Page 68
- Justice Comes in Quotes
- </hdr><body>
- <p>Journalists can tinker with the words of interview subjects --
- but reckless falsity can be libelous
- </p>
- <p> Many journalists hoped the case would simply go away; the
- prospect of juries setting limits on the work practices of
- reporters was a newsroom nightmare. But last week the Supreme
- Court decided otherwise. It unanimously overturned the decision
- of a federal court and ruled that the discomforting case of
- journalist Janet Malcolm, accused of libeling her subject by
- fabricating his quotes, should go to trial. Nevertheless, the
- reaction from most reporters, though hardly unanimous, tended
- toward a collective sigh of relief that the decision showed a
- subtle sensitivity to their craft.
- </p>
- <p> The lack of outrage among those likely to be most affected
- stems in part from the tangled nature of the incident that
- prompted the trouble. In December 1983 the New Yorker ran a
- two-part profile by Malcolm of Jeffrey Moussaieff Masson, a
- psychoanalyst who had lost his job as projects director of the
- Sigmund Freud Archives in New York City. Published the next year
- by Knopf as In the Freud Archives, Malcolm's report apparently
- allowed Masson to destroy himself with his own words: his
- self-description as "an intellectual gigolo," his plan to
- transform Anna Freud's house, after her death, into "a place of
- sex, women, fun," and his boast that he would be recognized as
- "after Freud, the greatest analyst who's ever lived."
- </p>
- <p> Masson sued for libel, claiming that he had never said any
- of these things and that other quotations had been distorted to
- make him look ridiculous. A long legal wrangle ensued, during
- which Malcolm, in a pretrial deposition, conceded that she had
- combined a number of Masson's comments over a period of months
- to suggest that they had all occurred during a single lunch at
- a restaurant in Berkeley. Her 40 or so hours of tapes and her
- notes of interviews with Masson do not contain the three
- quotations he claimed were fabricated. Still, her legal defense
- maintained that even if these statements were manufactured --
- which Malcolm has steadily denied -- they were true to the
- nature of her subject and thus entitled to First Amendment
- protection. In 1989 a federal appeals court in California
- agreed.
- </p>
- <p> Not everyone in the press, including Malcolm supporters,
- was happy with a decision that seemed to condone outright
- inventions -- between quotation marks -- in works of nonfiction.
- But the possibility threatened by Masson's appeal to the Supreme
- Court -- a draconian definition from the bench of how
- journalists should write their stories -- seemed even worse. A
- number of news organizations, including the American Society of
- Newspaper Editors and Time Warner, filed amicus briefs in
- support of the New Yorker.
- </p>
- <p> As it turned out, the opinion written by Justice Anthony
- Kennedy showed considerable understanding of how speech is
- translated into print. Kennedy condoned the widespread
- journalistic practice of emending quotations in the areas of
- grammar and syntax and went even further, stating that
- "deliberate alteration of the words uttered by a plaintiff does
- not equate with knowledge of falsity" for the purpose of meeting
- the actual malice test for libel suits brought by a public
- figure. Changing a quotation, Kennedy reasoned, can betray a
- reckless disregard for the truth only "when the alteration
- results in a material change in the meaning conveyed by the
- statement." Whether that sort of alteration happened when
- Malcolm profiled Masson will now be decided by a trial jury in
- California.
- </p>
- <p> By Paul Gray. Reported by Georgia Harbison/New York and
- Julie Johnson/Washington
- </p>
-
- </body></article>
- </text>
-
-