Rolling Stone Magazine Sued for False College Rape Story


Rolling Stone magazine published an article November 2014 about an alleged gang rape at the University of Virginia titled, "A Rape On Campus." The article was focus around a girl called "Jackie" who said she was attacked and raped by seven members of the fraternity Phi Kappa Psi on campus. A four month investigation didn't lead to any evidence that the incident actually took place. When the police wanted to get involved, she refused to cooperate. Other media outlets found discrepancies in Jackie's story.

Rolling Stone apologized for the article in a letter to the readers. The author of the article, Ederly, has also issued an apology. The Rolling Stone's managing editor, Will Dana, announced that he will be leaving the magazine this month.

Three graduated members of Phi Kappa Psi formally filed a lawsuit last month in the U.S. District Court in New York. They are also suing the publisher, Wenner Media. A lawyer said the men suffered from attacks since the article was published. The graduates are looking to sue Rolling Stone because they suffered from Ederly not checking the facts in her article.


Jackie told Ederly that the attack happened during a social event at the fraternity a particular weekend two years ago and that one of the members had worked at an aquatic center. However, they didn't have an event that weekend, and none of their members have worked at an aquatic center. She said that she told three friends about what happened, but two of them told her to keep quiet because of their social status. Ederly did not speak with any of those friends. Rolling Stone is also accused of not trying hard enough to find Jackie's attackers.

The lawsuit says that the article might put doubt on future rape accusations. It damaged the reputation of Phi Kappa Psi and University of Virginia. The article had the University of Virginia president temporarily suspended all Greek social events. Greek societies agreed to ban kegs, hire security for the parties, and have at least three sober members at each event.

The three in this lawsuit are suing for defamation and negligent infliction of emotional distress. They are asking for at least $75,000 for each count.

The University of Virginia was already under a broad compliance review by the Department of Education's Office of Civil Rights, along with 54 other schools. A University of Virginia associate dean sued Rolling Stone magazine for over $7.5 million in May because the article portrayed her as the main villain of the alleged rape on campus.

Comments from Allen:
Newspapers and magazines enjoy a degree of protection from libel (slander in print) lawsuits. In a libel lawsuit, the plaintiff is claiming he was injured by some false written or recorded statement the defendant made about him to a third person; that information impugned the honesty, integrity, virtue or reputation of the plaintiff or exposed him to public hatred, contempt or ridicule, and the defendant reasonably should have known the statement was false. When the plaintiff is claiming he was injured by something a newspaper or magazine said about him, the plaintiff's right to keep his reputation intact may conflict with the newspaper's right to "freedom of the press" articulated in the First Amendment to the U.S. Constitution.

The U.S. Supreme Court has addressed this conflict many times, and has sorted out the relative rights of the press versus the people about whom the press writes stories.  

The Rolling Stone's false rape story involved accusations against seven fraternity brothers and a University of Virginia associate Dean.  The right to sue Rolling Stone differs depending upon whether you are or are not a "public figure."  The  frat boys are certainly not public figures.  The associate Dean may be a public figure; newspapers have greater freedom to write nasty articles about public figures because we want out public figures to be subject to the intense scrutiny of the press.
The frat boys, as private citizens, must prove the story about them was false, and that the magazine was negligent in publishing the story claiming the facts were true.  
  
Further, since the printed accusation is that the frat boys committed a horrible sex crime, damages are presumed.  These plaintiffs do not need to prove any damages at all in order to prevail.  As a practical matter, however, since these fellows were subjected to nationwide attacks and public scorn as a result of being falsely charged in the story, their attorneys will want to present all of the evidence of harm done by the story when they put on the plaintiffs' case.  I, for one, believe the attorneys for Rolling Stone will go to great lengths to settle this case and I do not expect a jury to hear this matter.

The associate Dean, if she is found to be a public figure, must prove, by clear and convincing evidence, that Rolling Stone's editor acted with "actual malice;" that is, the editor either knew the information was false, or he printed the story with "reckless disregard" for its truth.  The editor will also need to prove actual damages unless the statement made is found to be "libel per se."  As to the associate Dean, she would need to prove the false statement about her reflected badly on her business or profession.  If she does so, she also would be able to proceed with her suit without proving the statement caused her to lose any money.   

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

http://www.cbsnews.com/news/rolling-stone-retracts-article-on-college-fraternity-rape-at-university-of-virginia/

http://www.cbsnews.com/news/3-university-of-virginia-grads-sue-rolling-stone-over-retracted-rape-story/

 http://www.cjr.org/investigation/rolling_stone_investigation.php

http://www.theglobeandmail.com/news/world/university-of-virginia-graduates-sue-rolling-stone-over-rape-story/article25770944/

http://www.nytimes.com/2015/07/30/business/media/will-dana-rolling-stones-managing-editor-to-depart.html?_r=0

http://www.rollingstone.com/culture/news/a-note-to-our-readers-20141205

http://www.usatoday.com/story/money/business/2014/12/05/rolling-stone-retracts-uva-story/19954293/

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