[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.brodenmickelsen.com\/blog\/how-defamation-can-play-a-role-in-criminal-cases\/#BlogPosting","mainEntityOfPage":"https:\/\/www.brodenmickelsen.com\/blog\/how-defamation-can-play-a-role-in-criminal-cases\/","headline":"How Defamation Can Play a Role in Criminal Cases","name":"How Defamation Can Play a Role in Criminal Cases","description":"If you have been charged with a high-profile crime, defamation could play a role in your case. The media has taken something of a beating from both political parties this campaign season. The debate over what constitutes \u201cfair\u201d or \u201caccurate\u201d reporting has highlighted why it\u2019s so important for the public to be able to trust...","datePublished":"2016-11-23","dateModified":"2023-10-24","author":{"@type":"Person","@id":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/#Person","name":"Mick Mickelsen","url":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/","identifier":16,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Broden, Mickelsen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","width":378,"height":77}},"image":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2016\/11\/How-Defamation-Can-Play-a-Role-in-Criminal-Cases-862x862-1.jpg","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2016\/11\/How-Defamation-Can-Play-a-Role-in-Criminal-Cases-862x862-1.jpg","height":862,"width":862},"url":"https:\/\/www.brodenmickelsen.com\/blog\/how-defamation-can-play-a-role-in-criminal-cases\/","about":["Criminal Defense"],"wordCount":569,"keywords":["criminal cases","Dallas criminal defense lawyer","Defamation","Defamation and Criminal Cases","high profile crime","Libel","Slander"],"articleBody":"If you have been charged with a high-profile crime, defamation could play a role in your case.The media has taken something of a beating from both political parties this campaign season. The debate over what constitutes \u201cfair\u201d or \u201caccurate\u201d reporting has highlighted why it\u2019s so important for the public to be able to trust what they read in print and online, as well as what they hear news reporters say on television. After all, the media is often referred to as the \u201cfourth estate\u201d\u2014meaning it is regarded as almost a fourth branch of government because it is so important for a thriving democracy.Sometimes, however, journalists go too far. Although the media enjoys broad protection under the First Amendment, they are required to publish factual information. When journalists intentionally publish defamatory stories, they can be held legally accountable for engaging in something called \u201cactual malice.\u201dUnder a theory of actual malice, a publication\u2014and often the author of a story or report\u2014is liable for publishing material it knew was false, or published the material with a reckless disregard for the truth.Recently, Rolling Stone magazine was hit with a major decision in a defamation case in a federal court in Virginia. The case was brought by a former dean of students at the University of Virginia, who was called out in a story published by Rolling Stone as being a \u201cchief villain\u201d in an alleged widespread rape cover up on campus.The problem was that the story relied on just a single source\u2014a woman called \u201cJackie\u201d who was quoted in the story. Later reports revealed that the local police who investigated the woman\u2019s account of a brutal on-campus sexual assault found no substantive evidence to support her claims.A journalistic review of the story performed by the Columbia Graduate School of Journalism stated that Rolling Stone failed to engage in \u201cbasic, even routine journalistic practice.\u201d In response, the magazine retracted the story.However, the damage to the dean of students\u2019 reputation was done. A lawyer for the dean stated: \u201cThis is a case about journalism; it\u2019s not about rape or whether Jackie was assaulted at a fraternity house. It\u2019s about what happens to real people \u2026 when they become collateral damage in a quest for sensational journalism.\u201dThe dean of students has asked for $7.5 million in damages, which a jury will decide.Defamation and Criminal CasesDefamation\u2014which includes both libel (print) and slander (spoken)\u2014is a civil matter. However, defamation cases can spring up as a result of the media reporting on a criminal case, or in situations where a person or organization makes false statements or publishes false information about another. Perhaps one of the most infamous examples of this is the sexual assault case involving members of the men\u2019s lacrosse team at Duke University. Several players and coaches later settled defamation lawsuits against the university and the prosecutor involved in the criminal case after evidence revealed that the prosecutor manipulated evidence and withheld DNA test results exonerating the accused players.Get Answers TodayIf you have been charged with a high-profile crime, defamation could play a role in your case. Get information about your rights by speaking to a Dallas criminal defense lawyer today.Broden & Mickelsen, LLP2600 State St Dallas, Texas 75204Main Phone: (214) 720-9552Office DirectionDallas Criminal Defense Lawyer on FacebookSOURCE: Broden & Mickelsen, LLP"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.brodenmickelsen.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How Defamation Can Play a Role in Criminal Cases","item":"https:\/\/www.brodenmickelsen.com\/blog\/how-defamation-can-play-a-role-in-criminal-cases\/#breadcrumbitem"}]}]