826 N.W.2d 436
Iowa2013Background
- Defamation case involving Mind, Body and Soul, a memoir by Scott Weier alleging Beth Weier and her father abused her and that Beth suffered mental illness.
- Beth and Gail Weier sued Scott and ASI (publisher) for libel, false light invasion of privacy, and intentional infliction of emotional distress.
- District court denied summary judgment for both defendants; the case proceeded to appellate review on issues including ASI’s status as a media defendant.
- Court held ASI is a bona fide book publisher and a media defendant, warranting summary judgment for libel per se and related claims against ASI.
- Court retained libel per se framework for private plaintiffs against nonmedia defendants (Scott not a media defendant), and remanded for further proceedings on Scott’s claims.
- The majority affirmed in part, reversed in part, and remanded for further proceedings; concurrence/dissent addressed test for media defendant status and libel per se.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is ASI a media defendant for defamation purposes? | Beth and Gail contend ASI is a media publisher and should face libel standards applicable to media defendants. | ASI argues it is not a traditional media defendant and should be treated like a nonmedia defendant, with different fault/damages requirements. | ASI is a media defendant; summary judgment for ASI on libel and false light is appropriate. |
| Should libel per se be retained for private plaintiffs against nonmedia defendants? | ASI/Scott urge abandonment of libel per se due to evolving communications and First Amendment concerns. | Court should continue libel per se for private plaintiff/private concern/nonmedia cases. | Libel per se retained; Iowa may preserve per se presumptions for nonmedia defendants. |
| Did Scott Weier publish the challenged statements to third parties and are they 'of and concerning' Beth and Gail? | Plaintiffs claim the statements were published to others and refer to Beth and Gail, satisfying defamation elements. | Scott contends published statements were not clearly about Beth and Gail; some passages are not clearly 'of and concerning'. | There are genuine issues of publication and 'of and concerning' that preclude summary judgment for Scott. |
| Should ASI and Scott prevail on false light and related claims? | Beth and Gail assert ASI/Scott acted with knowledge or reckless disregard of falsity. | ASI/Scott argue lack of malice or sufficient publicity; claims fail as a matter of law. | ASI should be granted summary judgment on false light; Scott may proceed on some false light claims depending on evidence; district court's denial affirmed on some counts. |
Key Cases Cited
- New York Times Co. v. Sullivan, 376 U.S. 254 (1964) (establishes actual malice standard for public officials)
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) (states may define liability standards for private individuals; no punitive/destruction without fault)
- Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749 (1985) (private concern, nonmedia defendant; upholds summary damages framework)
- Philadelphia Newspapers Inc. v. Hepps, 475 U.S. 767 (1986) (private figure plaintiff must prove falsity against media defendant for public concern)
- Vinson v. Linn-Mar Cmty. Sch. Dist., 360 N.W.2d 108 (Iowa 1984) (adopts nonmedia versus media distinctions in defamation; private plaintiff/nonmedia requires fault)
- Jones v. Palmer Commc’ns, Inc., 440 N.W.2d 884 (Iowa 1989) (adopts negligence standard for private plaintiffs against media defendants)
- Schlegel v. Ottumwa Courier, 585 N.W.2d 217 (Iowa 1998) (reaffirms damages rule for defamation against media defendants; no presumed damages)
- Caveman Adventures UN, Ltd. v. Press-Citizen Co., 633 N.W.2d 757 (Iowa 2001) (punitive damages require actual malice against media defendant)
- Kiesau v. Kiesau, 686 N.W.2d 174 (Iowa 2004) (per se defamation analysis; public concern considerations)
- Vinson v. Linn-Mar Cmty. Sch. Dist., 360 N.W.2d 108 (Iowa 1984) (distinguishes media vs nonmedia and fault standards)