John Daly Sues Columnist Mike Freeman for Libel

Pro golfer John Daly filed a libel lawsuit last week against the Florida Times-Union and its website, contending that he was defamed by Mike Freeman in a column published last year. Daly takes particular umbrage to statements that he is "accused of smacking women around" and that he has "Thug Life qualifications." The lawsuit asks for an unspecified amount in excess of $15,000.

As we discussed in regards to sportscaster Bob Lobel and his libel lawsuit against cartoonist Darby Conley, proving libel is incredibly difficult, especially for "public figures" like professional athletes and TV personalities. Specifically, public figures have to prove that 1) a false and defamatory statement was published; 2) that statement was about a particular person; 3) it harms that their reputation or exposes them to contempt or ridicule; 4) and is the result of "actual malice" (i.e., knowledge or recklessness) on the part of the defendant (in contrast, non-public figures only have to show that the accused was negligent, or failed to act with due care). Even if Daly can prove the four elements above, the Times-Union could still relieve itself of liability by producing one of several defenses to libel, including truth (i.e., Mike Freeman's published remarks were actually true) and consent.

We'll keep you posted on Daly's lawsuit. Most likely, he and Freeman will settle prior to any trial.

Posted in: