Palmeiro Considers Suing Canseco

Are steroids a big issue in baseball right now? That's funny, you would think they would have a story about it on SportsCenter. And I hear Jose Canseco is involved...

Canseco's book may sell, but it appears he will need all the proceeds to cover his legal costs. Rafael Palmeiro, one of the athletes he claims to have given steroids, is considering a lawsuit, and he probably will not be the last. If the statement is untrue, as Palmeiro claims, then the elements of defamation have all been met. The statement was (1) published to third parties, (2) Canseco knew the statement was false (assuming he lied) and (3) it will likely injure Palmeiro's reputation in a real way (affect the way his achievements are viewed, etc).

The tough part for Palmeiro is that he is a public figure. Thus, he must prove under New York Times v. Sullivan that Canseco acted with "actual malice" or "reckless disregard for the truth." It will be almost impossible to establish the first, unless there exists some proof that Canseco hates Palmeiro and was out to get him. The second is possible -- after all, if Canseco knew the statement was not true, then it is pretty reckless to make such a blanket and conclusory statement.

The real problem, though, is that Palmeiro will have to prove a negative. He has to prove that Canseco never gave him the drugs and that he never took them -- which could prove to be impossible. He can parade a huge number of people onto the stand to vouch for his reputation, but the fact remains that he could have taken the drugs in private or been alone at one point with Canseco. Falsity must be proved with "convincing clarity" under Sullivan, which is not an easy standard to meet.

Palmeiro (and others) might still sue, however, hoping for a settlement or at least to punish Canseco through litigation. In any case, it is doubtful Canseco will be invited to any "Old Timers" games in the future.

Update: It appears that Canseco has bigger problems than a lawsuit.

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