Defendants appeal by leave granted from a May 31, 1991, order of the Oakland Circuit Court denying their motion for summary disposition pursuant to MCR 2.116(C)(8). We reverse.
Plaintiff Roger Garvelink was the superintendent of the Birmingham school system from March 1978 through June 1990. In March 1989, the Birmingham voters were presented with a millage proposal for a $65 million bond increase. The proposal produced some controversy, apparently stemming from a redistricting decision the school board made a year earlier, and the millage was defeated. Because of the millage defeat, plaintiff and others made a number of budget cuts amounting to $7 million. Plaintiff then sought to make further cuts of $5 million from the following year’s budget.
On June 3, 1989, The Detroit News printed an
On appeal, the trial court’s grant or denial of summary disposition is reviewed de novo, because this Court must review the record to determine whether the moving party is entitled to judgment as a matter of law.
Adkins v Thomas Solvent Co,
Our review is also governed by the Supreme Court’s pronouncements in defamation cases implicating the First Amendment. Courts must make an independent examination of the record to assure that the judgment does not constitute a forbidden intrusion on the field of free expression.
New York Times Co v Sullivan,
For both public officials and public figures, a showing of actual malice is subject to a clear and convincing standard of proof.
Gertz v Robert Welch, Inc,
We are required to conduct an independent review of the column and pleadings to ensure against the forbidden intrusion on the field of free expression and to examine the statements and the circumstances under which they were made to determine whether they are of a character that the principles of the First Amendment protect. See
Sullivan, supra
at 285;
Locricchio, supra
at 110. Therefore, it is the function of this Court to review the column to determine whether it could reasonably be understood as describing actual facts about plaintiff. Although plaintiff argues that there is a material factual dispute for the jury to determine, that is the appropriate standard for a motion for summary disposition pursuant to MCR 2.116(C) (10), but this case is before us by way of a motion pursuant to MCR 2.116(C)(8). Furthermore, where there are First Amendment implications such as whether a satirical column in a newspaper is capable of bearing a defamatory falsehood by im
After reviewing the column and the pleadings, we hold as a matter of law that the column cannot reasonably be interpreted as stating actual facts about plaintiff and it is, therefore, protected speech. The tenor of the column is satirical. The Random House College Dictionary (1988) defines satire as "the use of ridicule in exposing, denouncing, or deriding vice, folly, etc.” and "a literary composition, in verse or prose, in which human folly, vice, etc. are held up to scorn, derision, or ridicule.” Similarly, a lampoon is a form of satire, "often political or personal, characterized by the malice or virulence of its attack.” Id. As the Supreme Court noted in Falwell, supra at 54:
. . . The appeal of the political cartoon or caricature is often based on exploitation of unfortunate physical traits or politically embarrassing events— an exploitation often calculated to injure the feelings of the subject of the portrayal. The art of the cartoonist is often not reasoned or evenhanded, but slashing and one-sided.
Thus, in this area of parodies, political cartoons, and satirical columns, especially involving public officials, while the tenor of the column may be caustic or even vicious, the Supreme Court has clearly recognized that "[t]he sort of robust political debate encouraged by the First Amendment is bound to produce speech that is critical of those who hold public office or those who are 'intimately involved in the resolution of important public questions ....’” Falwell, supra at 51.
Also of importance, the column appeared on the editorial page, where a reader expects to find the opinions and biases of the individual writers. The appearance on an editorial page clearly indicates to any reader that the opinions of the writer will be reflected in the column as opposed to only facts. This column did not appear in the general news articles section and is therefore easily distinguishable as opinion-writing because of its appearance on the editorial page. We emphasize that the appearance of the column on the editorial page, where a reader expects to find the opinions and biases of the writer, is important and may be considered even though this case is before us by way of a motion for summary disposition pursuant to MCR 2.116(C)(8). In
Moldea v New York Times Co,
— US App DC —;
The column in the instant case is obviously satire intended to criticize the school budget cuts, which was a controversial issue at the time. Further, the column contains "the sort of loose, figurative, or hyperbolic language which would negate the impression that the writer was seriously maintaining” that this was an actual interview with plaintiff. Milkovich, supra at 21. The column, which appeared on the editorial page, clearly contains language intended to be the author’s opinion about the school budget cuts, and a reasonable reader would understand that the author was conveying an opinion about a controversial subject at that time rather than relating an actual interview with plaintiff. Thus, there can be no false statement of fact because, in its context, the column cannot reasonably be interpreted as stating actual facts about plaintiff. Therefore, even if the writer is motivated by hatred or ill-will, the column is still protected in the area of public debate concerning public officials. Falwell, supra at 53.
No further factual development could possibly justify a right of recovery because the column
Reversed and remanded for entry of an order of summary disposition in defendants’ favor. We do not retain jurisdiction.
Notes
In its entirety, the column reads as follows:
A lot of school boards and district leaderships are under fire these days. Without even counting the ruined, collapsed Detroit system, you can see millages croaking, school boards being yanked and supervisors queueing up for resume services just as Leningraders do for toilet paper. For the big scoop, I sat down with local Supt. Roger Gravelhead.
"Your millage went down, Doc,” I said. "What now?”
"Time for us educational professionals to provide decisive leadership,” he said sternly. "It’s time for punishment cuts.”
"Punishment cuts?”
"Yes, punishment cuts.” He folded his soft hands across his well-cut suit. “Just because these foolish voters defeated a millage, don’t think we professionals are down! There’s a time-honored strategy for putting the great unwashed in their place.”
"Punishment cuts?”
"Sure thing.” He laughed. "Within two weeks, you regretfully announce a new 'money-saving budget’: no more sports, no more band, drama, art, music, study hall. All extracurricular activities are axed. Bus service is severely curtailed. Support staffs are reduced and their unions trashed. Of course, essential administrative personnel like me and my pals stay safe, nor do we cancel vital expenditures such as the new carpet for the Administration Building. Just things that impact the voters.”
"Does this work?”
"Like a charm!” He rubbed his hands together. "We make the kids hurt and the parents howl. When they come back screaming, we just shake our heads. 'Too bad, chums. The next millage will be on the calendar in six months.’ I guarantee, the electorate will be fighting for the privilege to raise its own taxes!”
"Gee Doc, this sounds, well, cynical.”
"Not at all,” Dr. Gravelhead said. "Educational professionals have a duty to manage the system in the best interests of the children . . . and who knows better what your kids need than educational professionals?”
"The parents,” I ventured. "Some of them are professionals. Lawyers, doctors . . . .”
"Parents!” he barked. "Parents are the last people we rely on.” He handed me a paper. "Like the Birmingham Public Schools say, parents are 'emotional,’ 'diffused,’ 'submissive,’ 'helpless,’ individualized,’ and concerned 'with the here and now.’ While we professionals are 'objective,’ 'dominant,’ 'universal,’ and 'focus on the whole class or group.’ Parents are just happy-go-lucky big kids. It’s our duty to make the parents understand that we professionals know what’s best for their children. We need to give them the wider perspective.”
"By punishing the electorate.”
He smiled. "Let’s just call it re-education. We feel the voters just didn’t UNDERSTAND the issues involved.”
"Maybe they were trying to send you a message, whup you upside the head and get your attention. You’ve made some questionable moves over the years . . . spent bad money, sold needed buildings. At a time of budget crisis you have an $80,000 community affairs director while the city manager only makes $60,000. Maybe the voters want to teach you a lesson.”
"Teaching without a license?” Gravelhead laughed. "They’re not in the union.”
"In union is strength, I recall.”
“RECALL?” He gasped. "Please! Not that word! It’s, it’s . . . .”
"Unprofessional?”