Jeffrey M. Masson v. The New Yorker Magazine, Inc. Janet Malcolm Alfred A. Knopf, Inc.

In this libel action, Jeffrey M. Masson (“Masson”) appeals from the judgment in favor of The New Yorker Magazine (“The New Yorker”) and Janet Malcolm (“Malcolm”) following two jury trials arising from the publication of a two-part article written by Malcolm in The New Yorker on December 5, and December 12, 1983, entitled “Annals of Scholarship: Trouble in the Archives” (“the Masson article”). Masson contends that he was defamed by five quotations which were allegedly falsely attributed to him in the article. Masson has conceded for the purposes of this litigation that he is a public figure. Accordingly, to establish liability he must meet the actual malice standard of New York Times Co. v. Sullivan, 376 U.S. 254, 279-80 , 84 S.Ct. 710, 725-26 , 11 L.Ed.2d 686 (1964).

Masson contends that the district court erred in instructing the jury both that he was required to establish that Malcolm deliberately or recklessly altered his statements to prove falsity and that Malcolm had no duty to investigate contradictory information regarding the quotations. We conclude that the district court properly instructed the jury. Masson also asserts that he was prejudiced by the district court’s…