James Joseph Hickey v. Capital Cities/abc, Inc., a New York Corporation, and American Broadcasting Companies, Inc.

999 F.2d 543 21 Media L. Rep. 1827 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Joseph HICKEY, Plaintiff-Appellant, v. CAPITAL CITIES/ABC, INC., a New York corporation, and American Broadcasting Companies, Inc., Defendants-Appellees. No. 92-35064. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1993. Decided July 26, 1993. Before GOODWIN, FARRIS and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 In a private individual's defamation action involving statements of public concern, there is "a constitutional requirement that the plaintiff bear the burden of showing falsity, as well as fault, before recovering damages." Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 776 (1986). Because the 20/20 report involved a matter of public concern, Hickey bears the burden, imposed by the First Amendment, of proving that the statements were false and that ABC did not adequately investigate them. See id. at 778 ; Unelko Corp. v. Rooney, 912 F.2d…