Weaver

878 F.2d 388 16 Media L. Rep. 2167 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James WEAVER, Plaintiff-Appellant, v. The OREGONIAN PUBLISHING CO., INC., an Oregon Corporation d/b/a Oregonian Newspaper, Defendant-Appellee. 1 No. 88-4078. 2 United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1989. Decided June 21, 1989. 3 Before JAMES R. BROWNING, and FLETCHER, Circuit Judges, EUGENE F. LYNCH, * District Judge. ORDER 4 The neutral reporting privilege is not a "settled rule" that would make the failure of appellant's claim against appellee "obvious." See McCabe v. General Foods Corp., 811 F.2d 1336, 1339 (9th Cir.1987). On the contrary, it presents an open and difficult question. The Third Circuit has rejected the privilege. See Dickey v. CBS Inc., 583 F.2d 1221, 1225-26 (3d Cir.1978). Three circuits have considered, but not adopted, the privilege. See Lee v. Dong-A-Ilbo, 849 F.2d 876 , 878 (4th Cir.1988); Woods v.…