Libel

            Matt McCarthy published a book regarding his experience with the Angels’ minor league; he stands by the content claiming his proof is in his notebooks.  Yet, many of his teammates do not agree with his perspective of the team, rather they have spoken out against the errors and fabricated information.  “I’ve gone through it multiple times,” Kotchman says. “In so many places it’s just flat-out wrong or fabricated.”  (Davis, 2009).  Kotchman and many teammates may have a libel case is they are able to prove the information published is false.  Since McCarthy published his version of the truth into a book, Kotchman and fellow teammates have one proof of proving libel.  “Odd Man Out” was published in 2009 and ranked #29 on the New York Times best seller non-fiction list, proof that one or more people read the publication. “McCarthy wasn't even smart enough to limit himself to lies that won't get him sued. Several of the disputed anecdotes are downright actionable.”  (Bercovici, 2009).  The material found in the book, range from racial implications to the team manager urging steroids on players and ordering a pitcher to hit a batter. 

            Since many of the individuals mentioned in the book claim much of the information is false, McCarthy is a waiting libel suit.  According to Pember and Calvert (2013), “in a libel case the plaintiff bears the initial burden of proof.”  Even with Kotchman and a few other claiming the information in the book is false, they must be able to prove McCarthy’s account is incorrect.  Just claiming it is does not provide enough proof the information is false, the possibility that the information may contain some truth is reasonable enough.  “Some of this is true, and some of it is made up,” said Alex Dvorsky, McCarthy’s catcher that summer.” (Hill & Schwarz, 2009).  How much of the information is true and false seems to depend on those who were named as committing immoral actions or abuse.   However, not everyone remembers the actions and events as McCarthy wrote, Adrian Goas claims “I thought to myself that I must have been on a different team than he was.” (Hill & Schwarz, 2009).  Another player states the publication will have a negative impact on his career.  Pitcher Blake Allen states that a portion of the book where he admitted to faking his injury so he could “just sit back and cash the checks,” which appeared in the Sports Illustrated excerpt, could seriously affect his life.  (Hill & Schwarz, 2009).

            It seems overall, there is a case for libel is the plaintiff in the case are able to prove McCarthy’s account is false.  All they must do is provide the facts during the time McCarthy was with the team.  Many reporters have looked into the allegations presented by McCarthy; so far they have been able to provide any truth behind the claims.  .  “In Texas, the elements of a defamation claim are publication of a statement; that was defamatory concerning the plaintiff; with the requisite degree of fault.”  (Texas Defamation Law, 2008).  Texas state laws are similar to the laws on a national level, the possibility is still open for McCarthy to be found guilty of libel if the plaintiffs of the case provide enough evidence that the information presented in the book are false.

As journalists we are responsible for providing the facts as we discover them.  In this case, the story would center on discovering whether or not the accounts written by McCarthy hold any truths in them.  However, journalists would also be open to a lawsuit if they print false information without double or triple checking their sources.  Since libel is by definition false, if a journalist reports something as the truth then is not libelous, even if the article damages the person’s reputation.  The truth is a reporter’s best defense against a libel suit.

References

Bercovici, J. (2009, March 3). Another Phony Memoir -- This One with Lawsuits? Retrieved August 20, 2014, from http://upstart.bizjournals.com/companies/media/2009/03/03/another-phony-memoir-this-one-with-lawsuits.html?tid=true

Davis, D. (2009, March 13). 'Odd Man Out' author Matt McCarthy's accuracy is questioned. Retrieved August 20, 2014, from http://articles.latimes.com/2009/mar/13/entertainment/et-matt-mccarthy13

Hill, B., & Schwarz, A. (2009, March 2). Errors cast doubt on a baseball memoir. The New York Times. Retrieved from http://www.nytimes.com/2009/03/03/sports/baseball/03book.html?_r=3&

Pember, D. R. & Calvert, C. (2013). Mass media law (18th ed.). New York, NY: McGraw-Hill.

Texas Defamation Law. (2008, August 19). Retrieved August 20, 2014, from http://www.dmlp.org/legal-guide/texas-defamation-law