Torts: Sacrificing Individual Recovery for Media Protection–Larson v. Gannett Co., 940 N.W.2d 120 (Minn. 2020)

Imagine a scenario in which a city is in unrest; a man has been killed at the hands of police officers, so protestors have been filling the streets for days, demanding change. In the midst of a protest, a semi-truck enters a closed road and barrels through thousands of protestors. The driver is taken into custody. Law enforcement officers hold an impromptu press conference to inform the city, although the conference is closed to the public because of a global pandemic. In the press conference, the officers state that a man has been taken into custody for swerving into the crowds, and he has ties to a right-wing extremist group; however, the investigation is ongoing. The media promptly reports on these official statements to amplify this relevant government investigation to the public. Once the man is released from custody, he wants to sue the media for defamation—he is not a member of a right-wing extremist group, and the collision was an accident. Should the media be liable for reporting the officials’ defamatory statements, especially those of public concern? Before the Minnesota Supreme Court extended the fair and accurate reporting privilege to cover official news conferences in Larson v. Gannett Co., media organizations could have been liable just for republishing the officers’ defamatory statements.

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