Janklow Williams V. Newsweek Incorporation Summary

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Defamation case of Janklow Williams versus Newsweek Incorporation
Facts
In February 21 1983, the Newsweek weekly magazines published an article which claimed that Janklow, the then Governor of South Dakota, had raped an Indian teenager girl in United States five years ago. Dennis Banks an America Indian activist, who had fled United States in 1975 after he was convicted of felony charges which could result in more than one-year imprisonment upon approval of the evidence, was being sought for his extraditions. Janklow was now seeking compensation for defamation in the court against Newsweek magazine. Furthermore, he wanted Banks to be returned to South Dakota to answer charges of felony. Previously, an Indian who worked for William had claimed …show more content…

First, there was a need to establish if there was enough evidence in the statement, which would be able to satisfy the definition of defamation. If the court was to find out that there was enough information, which would be injurious to the plaintiff, reputation in public, or either cause degradation and embarrassment as well as hatred, it would proceed with the case. Furthermore, the court in such publication made by the Newsweek could not be relied upon to expose the truth concerning rape charges against Janklow. The Newsweek publication was however, protected by the law to publish an article as such and could be interpreted in accordance to the reader. Moreover, as Janklow would claim that there was a defamatory statement in the article, there was no provision of admonitory words, which could be used to signalize to the readers that there was no fact presented in such a situation. However, the courtroom found out that Newsweek was subjected to offering evidenced news, which were not broad and subjective but rather offered specified and hard news, which a reader would be able to make claims if it contains information meant to harm the …show more content…

Banks on the other hand though may have had felony charges and free ling form his native country, should be answerable to the commentary he made about the rape allegation s Janklow committed against the Indian girl. By the definition of the terms the court also need the plaintiff to verify in the statement that, the statement in the article was directly refereeing to him and was injurious when exposed to the public. There is a need to consider the defendant to reveal out that had applied the rules of writing whereby the cautionary language must be used in readers of the readers in order to avoid the being accused of revealing person information to the public without the consent of individual being referred to. When one refers to a different scenario case whereby a case of Gregory versa McDonnell the ruling was made as a result of failure of the plaintiff to prove that there was no application of cautionary statements, it’s better to include the rubric of legendary context the type of a forum in which the proclamation was prepared, a situation which could be referred to as a social

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