Gilman v. McClatchy

In Gilman v. McClatchy (1896) 111 Cal. 606, where the Supreme Court of California unequivocally denied the applicability of the section 47(3) privilege to a false newspaper report that the plaintiff had committed a crime, the court said: "In this case appellant asks for such an extension of the law as would give immunity to publishers of libels, provided express malice in the publication be absent. In other words, his contention resolves itself to this, that a newspaper is a purveyor of news; the people have the right to read the news; any story gleaned by a reporter as this was gleaned, and published in the ordinary course of newspaper business without personal malevolence against the victim of the tale, should be held privileged. In support of this contention there is neither authority, law, nor justice." (Id. at pp. 613-614.) In Gilman, the court recognized a privilege under section 47(3) to comment fairly on the conduct of "public officials" but it refused (much like the Supreme Court in Gertz v. Welch) to extend the qualified privilege to all matters of "public interest," on the ground that such an extension "would . . . put upon the people a greater evil than that which the constitution sought to prevent." The court concurred with the case of McAllister v. Detroit Free Press Co. (1889) 76 Mich. 338 43 N.W. 431, 15 Am. St. Rep. 318, quoting the language therein, as follows: "'No newspaper has any right to trifle with the reputation of any citizen, or by carelessness or recklessness to injure his good name and fame, or business . . . . And no sophistry of reasoning, and no excuse of the demand of the public for news, or of the peculiarity and magnitude of newspaper work, can avail to alter the law, except, perhaps, by positive statute, which is doubtful, so as to leave a party thus injured without any recompense for a wrong which can even now, as the law stands, never be adequately compensated to one who loves his reputation better than money.'" (Id. at p. 615.)