J’Accuse! Allegations Make News Even When They’re Unproven
Courts have long protected journalists’ freedom to report on lawsuits, regardless of what’s in those lawsuits.
Matt Gaetz, one of many allegation-facers.
Photographer: Joe Raedle/Getty ImagesWhat standard should the news media apply in deciding when allegations are newsworthy? Some are asking that question in the wake of accusations swirling around such diverse figures as Houston Texans quarterback Deshaun Watson and Representative Matt Gaetz of Florida. Whatever the right answer, we can say with assurance that if the allegations are filed in court, the press can’t be sued for reporting them, even if they turn out to be false.
The most recent reminder comes from last week’s decision by the U.S. Court of Appeals for the 11th Circuit, dismissing the defamation suit filed against Gizmodo by former Donald Trump aide Jason Miller. To be sure, the court’s opinion rests on the peculiarities of New York law, but the logic has a more general application.