Topic > Fictionalized quotes in journalism – Masson v. New...

IntroductionJeffrey Masson, a psychoanalyst, served as project director of the Sigmund Freud Archives when he became disillusioned with Freudian psychology. He was later fired after attempting to advance his own theories (Masson v. New Yorker Magazine, 1991). Janet Malcolm, an author and New Yorker Magazine contributor, recorded many interviews with Masson and wrote an article containing many lengthy quotes about his relationship with the Sigmund Freud archives (Masson v. New Yorker Magazine, 1991). Masson had warned New Yorker Magazine fact-checker Nancy Franklin of many inaccuracies, but the article was published anyway, even though some quotes were nowhere to be found in the 40 hours of Malcolm's recorded interview (Sadler, 2005) . In addition to being published in the New Yorker Magazine, a book publisher who had heard about the allegations of inaccuracy nevertheless decided to publish the quotes in a book, further damaging Masson's reputation. Masson then decided to file a defamation action under California law, claiming that six of the quotes were defamatory and were not included in the 40 hours of recorded interview material (Masson v. New Yorker Magazine, 1991). Jeffry Masson filed a defamation lawsuit against the New Yorker Magazine, claiming that publishing the so-called fabrications had damaged his reputation. Defamation is defined as “a false communication that damages the reputation of another and subjects him to ridicule and contempt” (Trager, 2010, p. 52). The quotes that most upset Masson were being called an “intellectual gigolo” and being called “the greatest analyst who ever lived” (Masson v. New Yorker Magazine, 1991). In court Masson was declared a public figure and had to... mid-paper... It's a good idea to stay away from anything that involves actual malice, knowledge of falsehood, and intentional alteration of the meaning of a statement. Works Cited Kinkopf, N. J. (1991). Mischief in Wonderland: Fictionalized Citations and the Constitutionally Enforced Doctrine of Substantive Truth. Case Western Reserve Law Review. Masson v. New Yorker Magazine, 89-1799 (United States Court of Appeals, June 20, 1991). Polk, K. M. (1991). Inferring Actual Malice from Altered Citations: Masson V. New Yorker Magazine Inc. Harvard Journal of Law & Public Policy.Trager, Robert, J.R. (2010). The law on journalism and mass communication. Washington DC: CQ Press.Sadler, R. (2005). Electronic Media Act. Thousand Oaks: Sage Publications Inc. Villiers, M. d. (2008). Substantive truth in defamation law. New South Wales: University of New South Wales.