LA Weekly columnist Nikki Finke's lawsuit charging Disney with libel and unfair practices can go forward. A panel of three appeals judges found she has a "reasonable probability" of winning if the suit ever goes to trial. The court yesterday rejected most of a request by Disney to throw out the case filed last year. It all arises from Finke's dismissal as a contract writer by the New York Post, which she says followed defamatory Disney comments about stories she wrote that displeased the company. The court's opinion Monday in particular noted that statements by Disney president Rober Iger could be proven false, the Metropolitan News-Enterprise reported today.
Finke's attorney, Pierce O'Donnell, issued a release today saying in part:
This helps her case because now Finke won't have to show that Iger and Disney acted with malice.
Metro News-Enterprise follow-up story
This decision is a substantial one as to defamation, libel and slander issues, especially with respect to whether or not journalists are public figures. Under the same reasoning that was applied to Nikki's status, I probably would be deemed a public figure. That means people can make false statements about me with relative impunity. You can't make them about Nikki, though... and, generally, you can't make them about most reporters, thank God, because, as the court says, they don't have access to the media they write in to rebut such false or defamatory statements. Publishers and editors do. I think the journalists among us ought to read this decision with special care.
Posted by: Joe Shea at July 29, 2003 11:15 PMCorrect me if my j-school education shows its age, but I could have sworn that people who become public figures, even if not by choice, are subject to a higher standard for proving libel and slander. I recall Richard Jewell having been near this standard, but eventually fell to the lower (easier) standard. So, if reporters can, by acting en masse, make someone into an unwilling public fiugure, how is it that someone who voluntarily ascribes his/her name to article of a voluntary pen not also be a public figure?
Posted by: BobfromPlaya at July 30, 2003 10:11 AM

Well, good for Nikki. She's certainly got a rep for being unpleasant, but she got a raw deal here.
Posted by: Carla at July 29, 2003 07:08 PM