Section 5.55 Wire Service Privilege

• Library: Tort Law 2016

c. (§5.55) Wire Service Privilege

Many jurisdictions have recognized a common-law "privilege" or defense against liability for good faith republications of news obtained from a reputable news organization. The rationale for this privilege is founded in the Supreme Court decisions holding that "fault" is required before a publisher can be held accountable for defamation, and it cannot be considered negligent, much less reckless, to republish a news item obtained from a reputable news organization. See, e.g.:

· Washington Post Co. v. Keogh, 365 F.2d 965, 972 (D.C. Cir. 1966)

· Howe v. Detroit Free Press, Inc., 555 N.W.2d 738, 740 (Mich. Ct. App. 1996)

· Appleby v. Daily Hampshire Gazette, 478 N.E.2d 721, 726 (Mass. 1985)

· Layne v. Tribune Co., 146 So. 234, 239 (Fla. 1933)

The United States District Court for the Eastern District of Missouri, sitting in diversity...