Sean Andrade, founding and managing partner of Andrade Gonzalez LLP, recently shared his insights with Business Insider regarding actor Justin Baldoni’s libel lawsuit against The New York Times, stemming from the paper’s December 21 article about sexual harassment allegations made by actress Blake Lively.
Andrade explained to Business Insider the legal protections news organizations have when reporting on official proceedings. “The public policy behind this privilege is that keeping citizens informed about matters of public concern is more important than protecting individual reputations,” he said.
The Times‘ article covered Lively’s complaint filed with the California Civil Rights Department. Baldoni’s lawsuit asserts that the newspaper relied heavily on Lively’s “unverified and self-serving narrative” while ignoring contradictory evidence.
Addressing the lawsuit’s claims about text messages between Baldoni’s publicity team being taken out of context, Andrade noted that while such actions would be “a little unethical,” they likely wouldn’t be enough to prove libel in an alleged smear campaign.
As a public figure, Baldoni faces a higher legal standard. He must prove The Times not only published false information but did so with “actual malice” – knowing it was false or showing reckless disregard for its truth.
The Times maintains its reporting was “meticulously and responsibly reported” and plans to defend against the lawsuit.
Read the full article in Business Insider: Justin Baldoni’s Lawsuit Against The New York Times Will be Tough to Win but Could Help his Reputation, Lawyers Say (Subscription Required)