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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (May 4, 1984)
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HIGH ^ OUALITY CASSETTE DUPLICATION 1550 High St. Eugene, OR 97401 QCCS Hours: 10 am to 5 pm Monday thru Friday \ Phone: 345-8117 EAT TO WIN The Sports Nutrition Bible by Dr. Robert Haas $14.95 HARDCOVER Dr. Haas, shares the advice he has given to many world-class champions. He shows what to eat at every level of competence in sports and fitness programs to achieve top levels of endurance, speed and power. Eat to win is a vital investment for everyone involved in a sport, health club or fitness program. *10% Discount with current UO ID Serving the Growing Need* ol Our Members Since 1920 GENERAL BOOKS 686-3510 13th & Kincaid M-F 7:30-5:30 Sat 10:00 3 00 Willamette Week courts lenient definition By Bonnie Henderson For the Emerald SALEM — The Oregon Supreme Court on Thursday heard arguments in a case expected to have far-reaching consequences for Oregon jour nalists accused of libel. Among the significant issues before the court is the question of how far a reporter must go in confirming a story involving a private citizen, par ticularly when that private citizen is involved in a public controversy. A 20-year-old U.S. Supreme Court ruling re quires public figures and officials who are defam ed to prove that the reporter acted with actual malice, or "reckless disregard for the truth," but standards of negligence for private citizens have been left up to individual states. The case before the court stemmed from publication in 1978 of an article in Willamette Week, a Portland tabloid, charging the Bank of Oregon and its president, Homer Wadsworth, with cheating its clients. The bank subsequently sued the publi; hers of the newspaper, which was at that time owned by the Guard Publishing Co., claiming the article had damaged its reputation and standing in the business community in 45 specific instances of libel. An attorney for Willamette Week urged the court to adopt the same actual malice standard of negligence for private figures that is applied to public figures. Adoption of "simple negligence" or "gross negligence" tests in which the defamed person would have to prove only carelessness on the part of the reporter, would result in larger libel judgments against the press and would have a distinct "chilling effect" on the media, said Bruce Smith, the paper's attorney. Negligence standards in journalism are hard to pin down, because "the truth is elusive," and there are no clear guidelines dictating how much investigation of a story is enough, Smith said. "If the only protection (for reporters) is with public persons, then the risk is going to be great for the press to take on private and contentious persons," Smith said. "Gross negligence is a better standard than simple negligence, but we urge that actual malice does provide a better balance." Bernard Jolles, attorney for the Bank of Oregon, argued that using actual malice or gross negligence as the standard of care in such cases amounts to giving the media special protection under the law, and he claims the Oregon Con stitution does not distinguish between the rights of journalists and non-journalists. He discounted the notion that a simple negligence standard might have any measurable chilling effect on the media. In addition to urging the court to use actual malice as a standard in all libel cases, Willamette Week also argued that the bank, and by extension its president, should be considered a public figure because it is a publically-held company regulated by both federal and state law. "When you criticize a bank, it's implicit that you may also be criticizing the government," Smith argued. Banks, he said, are a "major public concern in this state. .. .They are public figures, and so are their presidents.” Jolles countered Smith's argument by in sisting that banks do not meet the traditional stan dards used to define public figures. "There is simply no evidence of any pervasive fame on the part of either Bank of Oregon or Wadsworth," he said. "Certainly it should not be held that just because a person goes into the banking business, they give up the protection that the private per son enjoys." A ruling on the case is expected in early summer. Court's decision probably simple negligence Willamette Week reporters Richard Meeker and Ronald Buel did not know their in vestigation of Bank of Oregon's lending practices six years ago would affect reporters statewide and eventually change Oregon's libel law. analysis katy hull The Bank of Oregon, and its president Homer Wads worth, sued the invest igative tabloid for libel fol lowing publication of a series on the bank that appeared in 1978. They charged Willamette Week with damaging the bank's reputation saying that the story discouraged local businessmen from applying for loans with the bank. The Oregon Supreme Court heard the case this week in Salem and within six weeks they will decide what the bank or any individual in Oregon has to pro Oregon doily emerajd The Oregon Daily Emerald is published Monday through Fri day except during exam week and vacations by the Oregon Oally Emerald Publishing Co , at the University of Oregon. Eugene OR, 97403 The Emerald operates independently ot the University with offices on the third floor of the Erb Memorial Union and it a member of the Associated Press General Staff Advertising Manager Susan Thelen Classified Advertising Larry Swanson Production Manager Victoria Koch Controller Jean Ownbey Ad Seles: Rachel Bellamy Cirtdi Blagg. Laura Buckley Julie Buirice David Kosse. Jo Meeks, Roberts Oliver Richard Skeen Production Laurie Bee haras. Sharia Cassidy Michele Chris iianson. Michael Clapp. Kelly Cornyn Kathy Gallagher Carrie Greaves C Hanson. Christy Horning. LeeAnn Lovegren, Lauri Neely Ketfy Neff. Mark Pynes, Margaret Soionika Debbie Stod. Tim Swilling#* Colleen Tremain* Hank Trotter, Kathy rork Editor Managing Editor News Editor Assistant News Editor Editorial Pape Editor Sports Editor Sidelines Editor Entertainment Editor Assitant Entertainment Editor Night Editor Associate Editors Higher Education Departments and Schools Student Government Features Politics Community Debbie Howlett Sandy Johnstone Frank Shaw Brenda Thornton Cort Fernald Doug Levy John Healy Angela Allen Morgan Kim Carslon John Healy Doug Nash Melissa Marlin Jim Moore Julie Shippen Brooks Darell Michele Malassa Reporters Mike Doke Todd Fletcher Brent Par, Steve Turcotte News and Editorial Display Advertising and Business Classilied Advertising Production Circulation 686 5511 686 3712 686 4343 686 4381 686 5511 ve against a media defendant to collect damages for libelous statements. But there are questions about the media's ability to disseminate news with a minimum of restraint that the court must decide. Will the stan dard be so ambiguous that reporters won't know when they are protected from libel suits? Will confusion over the standard create a chilling effect and inhibit the 1st Amendment freedom of speech? Similarly, will imposition of this standard cause Oregon's press to shy away from reporting controver sial stories? The court has some recom mendations from judges who have already heard the case. Multnomah County Circuit judge Richard Unis decided that for Bank of Oregon to collect damages from the two reporters and the newspaper, it must pro ve that the reporters were gross ly negligent in their research and subsequent publication of the story. Gross negligence, as STOREWIDE SALE Everything in store 50% TO 70% OFF! 3 Days OnlyThurs, Fri, Sat. defined in Unis' decision, means a reporter was 'indif ferent to the probably conse quences" of his story. It has been described as an "I don't care" attitude. The Oregon Court of Appeals, which heard the case after Unis, ruled that a standard of simple negligence is sufficient to pro tect media defendants. This court pointed out that Article I, Section 8, of the Oregon Con stitution provides for freedom of expression, while Article I, Section 10, protects individuals against abuse of those freedoms and ensures their right to recover damages for injury to them. The appeals court reason ed that the Oregon Constitution is protection enough for the media — it should receive no special privileges. Another reason the appeals court chose simple negligence and overturned the trial court standard of gross negligence is the "retraction clause." This ■.■•■•'.■■I.!.!.!.!.!.!. Continued on Page 3A ■.iJJJ.WJAWJJ.U.W.Wi