The Gazette, Inc. v. James William Harris; Charlottesville Newspapers, Inc. v. Debra C. Matthews; Port…

Summary

The court adopted ordinary negligence as the default fault standard for private plaintiffs seeking compensatory damages for defamatory publications, applying it to both media and non-media defendants when the statement's defamatory potential is apparent. It retained a heightened actual-malice requirement for presumed or punitive damages and for publications whose defamatory potential is not apparent, and required independent appellate review of actual-malice findings but ordinary evidentiary review of negligence-based compensatory awards. The court affirmed the Gazette, Charlottesville Newspapers, and compensatory Port Packet judgments, annulled Port Packet's punitive award, and remanded the Fleming damage awards for remittitur or a new damages trial. POFF, J., concurring in part and dissenting in part, would have adopted gross negligence for media defendants, while concurring in the Port Packet punitive-damage reversal and fully in the Fleming disposition.