VA Citizens Defense League v. Katie Couric
Opinion
This case arises from the creation and publication of Under the Gun , a documentary film on gun violence in America. Aggrieved at their portrayal in the film, appellants-Virginia Citizens Defense League and two of its members, Daniel L. Hawes, and Patricia Webb-filed this action. They alleged defamation by the film's creators, appellees Katie Couric, Stephanie Soechtig, Atlas Films LLC, and Studio 3 Partners, LLC (doing business as Epix Entertainment LLC). The district court dismissed their complaint, and appellants appeal. For the reasons that follow, we affirm.
I.
In 2016, journalist Couric and filmmaker Soechtig released a documentary titled Under the Gun . The documentary concerns gun policy in America, and it takes a perspective favoring regulation. Couric narrated the film, interviewed participants, and served as an executive producer. Soechtig directed and edited the film, which Atlas Films produced and Epix distributed.
Although the film advocates for gun control, its creators assertedly sought to present viewpoints from organizations that opposed measures like universal background checks. To that end, a producer employed by Atlas Films contacted the Virginia Citizens Defense League ("VCDL"), a non-profit gun-rights organization, and set up an interview with members of the VCDL. Nine members, including Hawes and Webb, agreed to participate.
The final cut of the film includes portions of Couric's interview with these VCDL members. The segment lasts just over three minutes. At its outset, Couric thanks the VCDL members for participating, noting that they "have a specific point of view on this issue and some of the issues that we're tackling." Couric then poses a series of questions on gun policy. She asks about the appeal of owning a gun, and whether a person should have to pass a background check to purchase a gun. She also asks whether anyone in the group feared that the government would take their guns. These questions prompt detailed responses from the panel members, which are included in the film. Apart from the filmmakers' lighting choices, appellants do not object to this portion of the interview.
Instead, this suit centers on a twelve-second clip at the close of the three-minute VCDL interview. In it, Couric asks the following question: "If there are no background checks for gun purchasers, how do you prevent felons or terrorists from purchasing a gun?" Approximately nine seconds of silence follow, during which the VCDL members, including Webb, a gun store owner, and Hawes, an attorney, sit in silence and shift uncomfortably in their seats, averting their eyes. The film cuts to a revolver chamber closing. Couric then says: "The background check is considered the first line of defense, and 90% of Americans agree it's a good thing." Neither the VCDL nor its members are mentioned again in the 105-minute film.
Although the film accurately portrays most of the interview with VCDL members, the twelve-second clip described above did not transpire as depicted. In the unedited footage, Couric's background check question prompted approximately six minutes of responses from the VCDL members. Hawes responded by suggesting that the government cannot, consistent with the Constitution, prevent crimes through prior restraint. Webb commented that background checks are unlikely to prevent motivated criminals from obtaining guns or committing crimes. These responses were followed by approximately three minutes of related discussion between Couric and the panel. Rather than use these responses, the filmmakers spliced in b-roll footage taken prior to the interview in which Couric asked the VCDL interviewees to sit in silence while technicians calibrated the recording equipment.
Shortly after the film's showing at various film festivals, the VCDL released unedited audio of the interview. In the public backlash that followed, Couric issued a statement admitting that the edited version of the film did "not accurately represent [the VCDL members'] response" and that the segment was "misleading." Believing the misleading segment to be defamatory, the VCDL and two of its featured members, Hawes and Webb, brought this action. The district court dismissed their complaint for failure to state a claim, reasoning that the film was neither false nor defamatory and that, as to claims brought by the VCDL, the film was not "of and concerning" the organization. This appeal followed.
II.
We review de novo a district court's grant of a motion to dismiss.
Reyes v. Waples Mobile Home Park Ltd. P'ship
,
To state a claim for defamation under Virginia law, a plaintiff must plead three elements: "(1) publication of (2) an actionable statement with (3) the requisite intent."
Schaecher v. Bouffault
,
"Defamatory words are those 'tend[ing] so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.' "
Schaecher
,
Applying Virginia law, a court "must decide as a threshold matter of law whether a statement is reasonably capable of defamatory meaning before allowing the matter to be presented to a finder of fact."
Schaecher
,
Virginia law requires that when "determining whether the words and statements complained of ... are reasonably capable of the meaning ascribed to them by innuendo, every fair inference that may be drawn from the pleadings must be resolved in the plaintiff's favor."
Webb
,
III.
A.
Appellants first contend that the film is defamatory per se.
2
As relevant here, a statement-in this case, a film-is defamatory per se when it can reasonably be understood to suggest that a person is unfit in his or her trade.
Tronfeld
,
Turning first to Hawes, appellants argue that because Hawes "is an attorney whose practice focuses on firearms and self-defense," the edited footage "is reasonably capable of being understood" as suggesting "that Hawes lacks the required competencies and abilities for his profession, including oral advocacy skills." But unlike the cases on which appellants rely,
3
the questions posed to Hawes had nothing to do with his legal practice or expertise. Reading appellants' suggested meaning into the film would stretch the footage well "beyond its ordinary and common" meaning.
Schaecher
,
Similarly, the film is not reasonably capable of suggesting that Webb is unfit to own a gun store. Arguing otherwise, Webb contends that her "business requires her to be knowledgeable ... about the right of individuals to purchase firearms," and that the edited footage suggests that "she lacks knowledge regarding integral aspects of her business." But of course, no part of Webb's job as a gun store owner requires her to have nuanced views on gun policy . Had the film suggested that Webb did not know, for instance, whether a gun store owner must perform a background check, this might be a different case. But as the district court explained, "[n]ot having an answer to a specific question about effective alternatives to background checks does not imply anything about fitness to own a gun store and to sell guns."
We also agree with the district court that the edited footage cannot reasonably be construed as implying, as appellants argue, that the VCDL is unfit as a "pro-Second Amendment advocacy organization." At most, the film suggests that a handful of VCDL members, none of whom are identified as leaders within the organization, could not immediately answer a difficult gun policy question.
Resisting this conclusion, the VCDL argues that the footage implies that it "failed to deliver on its mission, thereby casting aspersion on the VCDL's prestige and standing in the field of Second Amendment advocacy." Once again, this argument requires a court to extend the film's meaning well beyond what the clip shows. Schaecher , 772 S.E.2d at 595. Even for an organization steeped in gun policy, the essential message that VCDL members failed to respond instantly to a complex question is simply not defamatory. For the same reasons, the film cannot reasonably be understood as defaming Webb and Hawes in their respective capacities as executive members of the VCDL.
B.
Having resolved appellants' per se claim, we consider their contention that the film implied other actionable defamatory meanings.
Appellants maintain that the edited footage suggests that the VCDL and its members have no basis for opposing background checks or are otherwise uninformed in their areas of expertise. This claim fails because it divorces the twelve-second clip from the film as a whole. Schaecher , 772 S.E.2d at 595 (instructing that statements must be viewed "in context"). The disputed segment comes on the heels of several other questions concerning background checks, and the panelists' answers to all of those questions are included in the film.
To be sure, the film gives the impression that Couric's final question stumped the panelists. But at worst, the plain, ordinary meaning of this edit conveys that these particular members of the VCDL, after answering a series of related questions, did not have a ready-made answer to a nuanced policy question. Even with the benefit of every inference, the edited footage is not reasonably capable of suggesting that the VCDL and its members are, as they contend on appeal, "ignorant and incompetent on the subject to which they have dedicated their organizational mission."
In arguing to the contrary, appellants heavily rely on the
Schaecher
court's description of defamatory language as including that which is calculated to render a person "ridiculous."
Schaecher
, 772 S.E.2d at 594. In doing so, appellants ask us to focus on this single word, at the expense of those surrounding it, eschewing ordinary interpretive principles.
Cf.
Yates v. United States
, --- U.S. ----,
C.
In a last-ditch effort to rescue the complaint, appellants cite news reports covering the controversy to suggest that "viewers of
Under the Gun
actually understood the exchange" as negatively portraying the VCDL and its members. Assuming this is true, it does not answer the question before us. Regardless of how certain media outlets covered the short-lived frenzy surrounding this incident, the Supreme Court of Virginia has consistently stressed that it is the province of courts to perform the "gatekeeping" role of distinguishing defamatory speech from mere insults.
Schaecher
, 772 S.E.2d at 595 ;
Webb
,
Courts should not-indeed, cannot-abdicate this role in hopes that a member of the press or public will answer the question for them. Instead, Virginia law requires courts to exercise independent legal judgment as to whether challenged statements are susceptible to the defamatory meaning alleged.
See, e.g.
,
Perk
,
If any doubt remained on this point, the Supreme Court of Virginia's recent decision in
Webb v. Virginian-Pilot
closes the
door. There, the court considered an appeal from a jury verdict that rested on testimony from several witnesses suggesting that they inferred defamatory meaning from the challenged news article.
Webb
,
IV.
The crux of appellants' defamation claims is that the edited interview "manufacture[d] a false exchange ... that made [appellants] look ridiculous, incompetent, and ignorant about firearm ownership and sales, including the policies surrounding background checks." Although we agree that the filmmakers' editing choices were questionable, the edited footage simply does not rise to the level of defamation under Virginia law. Accordingly, the judgment of the district court is
AFFIRMED.
Appellants' attempt to modify this standard by relying on the Restatement's suggestion that it suffices for a statement to injure one's reputation in the mind of "a substantial and respectable minority" of the community, see Restatement (Second) of Torts § 559 cmt. e, rather than "in the common estimation of mankind," see Schaecher , 772 S.E.2d at 594. This argument fails. Virginia courts have never articulated such an approach or applied this portion of the Restatement. Moreover, the Restatement comment does not alter the central requirement that a given statement must be capable of defamatory meaning, a high bar that appellants cannot clear regardless of how we frame the relevant population.
"Unlike most states, Virginia makes no distinction between actions for libel and those for slander."
Fleming v. Moore
,
See
Tronfeld
,
Because we conclude that the edited footage is not reasonably capable of defamatory meaning, we need not reach the district court's holdings on the falsity and of-and-concerning elements of Virginia's defamation test. Similarly, because the edited video footage does not convey a defamatory meaning, we need not decide whether silence under Virginia law can satisfy the statement requirement of a defamation cause of action.
Reference
- Full Case Name
- VIRGINIA CITIZENS DEFENSE LEAGUE; Daniel L. Hawes, Esq.; Patricia Webb, Plaintiffs-Appellants, v. Katie COURIC; Stephanie Soechtig; Atlas Films LLC ; Studio 3 Partners, LLC, D/B/A Epix, Now Known as Epix Entertainment LLC, Defendants-Appellees.
- Cited By
- 24 cases
- Status
- Published