Media Defamation Of Athletes

Defamation of Athletes by Sports Media Coverage
Xavier Bennett
Grambling State University

Author Note: This paper was prepared for MC 444 Communication Law and was taught by Dr. Ford Dunn

Abstract

This paper discusses the media’s treatment of athlete and sports figures. Although the main focus of this paper is professional athletes, cases involving professional coaches and owners, collegiate sport figures will be mentioned as well. Professional athletes and coaches utilize media attention to further their careers. It seems inconsistent for these same athletes and coaches to attack media coverage as defamatory. This paper will also discuss the other reasons why athletes rarely file defamation claims against the media
For example, a Dallas sports radio talk show host, while recently discussing two former Dallas Maverick basketball players, stated that “Sam Cassel was a “ball hog,” and that Jason Kidd is “played out” as a point guard (The Sports brothers). Based upon this example, it is apparent that professional athletes are not pampered, at least not by the media. Commentary and debate about an athlete’s abilities, however, is not defamatory and it is very difficult for professional athlete to prove defamation. Sports stars have chosen a profession in which opinionated statements regarding their abilities are as much a part of sports as the games themselves. The arena of sports is a traditional haven for hyperboles. Commentary about the exploits of professional athletes, both on and off the field, is not an unjustified invasion of the athlete’s privacy, but simply a necessary cost for the privilege of being a professional
The court held that the Associated Press had a qualified privilege to report in good faith on the police report. Because Bell failed to show that the Associated Press had acted with actual malice, the Associated Press was protected by the fair reporting privilege. The facts are as follows. Someone calling himself Theo Bell, football player for the Tampa Bay Buccaneers, was arrested on March 7, 1982, in connection with an incident of lewdness at the Tropicana Hotel in Atlantic City. An official arrest report was prepared and a summons and bench warrant were issued when Theo Bell failed to appear in Atlantic City Municipal Court on March 22 as required. Robert Wade, a reporter for the Associated Press, made substantial efforts at verification. He contacted the Captain of Detectives James Dooley, the head of the Atlantic City police department’s Casino Hotels Investigations Unit, and asked him to “pull the file” on the Tropicana Hotel incident. Captain Dooley advised him that “Theo Bell of the National Football League Tampa Bay Buccaneers had been detained by the police on March 7, 1982 following an incident of lewdness at the Tropicana,” and he gave Wade several additional details. Wade went on to contact the Municipal Court Clerk and the Municipal Court Administrator who confirmed that a warrant was outstanding for Theo Bell for failure to answer