Holloway v. Butler

In Holloway v. Butler, 662 S.W.2d 688, 692 (Tex. App.-Houston 14th Dist. 1983, writ ref'd n.r.e.), the plaintiff sued for libel based upon an article that appeared in Texas Monthly magazine. 662 S.W.2d at 690. Like most mass-media publishers, the defendant distributed its magazine through the mail and by private delivery in the month prior to the month indicated on the issue cover. Accordingly, distribution of the March 1977 issue occurred on February 17 and 18, 1977. By special order, though, some back issues were sold after February 22, 1977. Plaintiff filed suit on February 22, 1978. In response to the defendant's assertion of limitations, the plaintiff relied on the "multiple-publication rule," which recognizes a new cause of action each time a copy of the allegedly libelous publication is sold. Noting that such a rule would allow stale claims, encourage multiple suits, and create a number of other problems, and recognizing that mass publication of a single defamatory statement constitutes, in effect, a single wrong, the court adopted what it referred to as the "single-publication rule." Id. at 691. Under the court of appeals' articulation of that rule, publication is complete "on the last day of the mass distribution of copies of the printed matter" because "it is that day when the publisher, editors and authors have done all they can to relinquish all right of control, tile and interest in the printed matter." Id. at 692. The court emphasized that defining publication in this manner "provides ample time for a diligent plaintiff to pursue a cause of action for libel and also allows full recovery for any damages suffered." Id.