Rubin, H. v. CBS Broadcasting Inc.
170 A.3d 560
| Pa. Super. Ct. | 2017Background
- Howard Rubin, a school police officer at Multi-Cultural Academy Charter School (MACS), was the subject of a CBS Eyewitness News report stating he was fired "over allegations of child sexual abuse."
- CBS broadcast a correction the next day quoting the school principal denying any accusation of sexual abuse and saying Rubin’s contract was not renewed; the original report remained online for at least two days.
- Rubin filed suit alleging defamation and false light invasion of privacy; CBS attached Rubin’s termination letter and other documents from his personnel file in its new matter.
- Trial court granted CBS’s motion for judgment on the pleadings, concluding Rubin could not show negligence or actual malice; Rubin appealed.
- The Superior Court reviewed whether (1) the broadcast was materially false (substantial truth) and (2) whether factual issues remained on publisher fault (negligence or actual malice) such that judgment on the pleadings was inappropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the statement that Rubin was fired "over allegations of child sexual abuse" was materially false | Rubin: The termination letter shows he was fired for violating fraternization directives, not because allegations were credited; the broadcast is materially false | CBS: The report was substantially true given personnel documents referencing allegations and corroborating material | The court held material falsity is unresolved on pleadings; a material difference exists between being terminated for alleged sexual abuse vs. for violation of fraternization rule, so falsity is a triable issue |
| Whether Rubin can prove publisher fault (negligence or actual malice) on the record before discovery | Rubin: CBS may have acted negligently or with actual malice by publishing an inaccurate characterization without sufficient verification | CBS: Personnel documents in the pleadings corroborate the report, precluding fault; substantial truth negates liability | The court held fault cannot be decided on pleadings; facts about CBS’s sources and what it knew before publication are undeveloped and must proceed to discovery |
| Whether false light claim survives judgment on the pleadings | Rubin: The import of the broadcast placed him in a highly offensive false light and CBS acted with actual malice | CBS: The broadcast fairly summarized Rubin’s termination documents, so no reckless disregard or knowledge of falsity | The court held false light cannot be dismissed at this stage; actual malice is a triable question given unresolved factual record |
| Whether judgment on the pleadings was appropriate overall | Rubin: Denied—factual disputes exist on falsity and fault that preclude judgment | CBS: Granted—substantial truth and supporting documents entitle CBS to judgment as a matter of law | The Superior Court reversed the trial court and remanded for further proceedings; judgment on the pleadings was inappropriate |
Key Cases Cited
- Hepps v. Phila. Newspapers, 475 U.S. 767 (U.S. 1986) (plaintiff bears burden to prove falsity and fault for matters of public concern)
- Masson v. New Yorker Magazine, 501 U.S. 496 (U.S. 1991) (substantial truth doctrine; gist controls)
- Am. Future Sys., Inc. v. Better Bus. Bur. of Eastern Pa., 923 A.2d 389 (Pa. 2007) (standards for public vs. private-figure plaintiffs and fault)
- ToDay's Housing v. Times Shamrock Commc'ns, Inc., 21 A.3d 1209 (Pa. Super. 2011) (materiality of inaccuracies; gist/ effect on reader/viewer)
- Curran v. Philadelphia Newspapers, Inc., 439 A.2d 652 (Pa. 1981) (pre-publication denials may not create jury question if source corroboration exists)
- Time, Inc. v. Hill, 385 U.S. 374 (U.S. 1967) (actual malice standard for false light)
- Joseph v. Scranton Times L.P., 129 A.3d 404 (Pa. 2015) (private-figure plaintiffs need at least negligence to recover in libel)