Jeffrey Kassel v. Gannett Co., Inc., D/B/A "Usa Today,"

875 F.2d 935 · Court of Appeals for the First Circuit · 1989

Facts

Dr. Jeffrey Kassel, a VA clinical psychologist, was misquoted in a USA Today article, which falsely attributed to him a statement implying he found it 'amusing that vets feel they are the victims.' This misquotation caused significant professional and personal harm to Kassel, leading to a jury awarding him $300,000 in a libel suit against Gannett. Gannett appealed, arguing Kassel was a public official and challenging the evidence of negligence and the damage award.

Issue

Was Dr. Kassel a 'public official' for libel law purposes, requiring proof of actual malice, and was there sufficient evidence of Gannett's negligence? Were the jury instructions on emotional distress and lost future earnings damages appropriate under New Hampshire law, and was the exclusion of Kassel's prior statements against interest proper?

Holding

The court affirmed the finding of liability, concluding that Kassel was a private person and not a 'public official,' and that there was sufficient evidence of Gannett's negligence. However, the court vacated the damage award and remanded for a new trial on damages due to erroneous jury instructions regarding emotional distress and lost future earnings, and the improper exclusion of Kassel's prior statements.

Rule

For a private individual to recover for defamation, New Hampshire law requires proof of negligence, not 'actual malice.' A public employee is considered a 'public official' for libel purposes only if they have 'substantial responsibility for or control over the conduct of governmental affairs,' access to channels of communication for rebuttal, and have assumed the risk of public scrutiny. Under New Hampshire law, damages for emotional distress in negligent defamation cases require proof of malice, and claims for lost future earnings require sufficient factual data for calculation.

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