The “questionable” “editing choices,” the court said, weren’t sufficiently injurious to reputation to qualify as libelous (whether or not they conveyed a false message).
From yesterday’s Fourth Circuit decision in Virginia Citizens Defense League v. Couric, the facts:
… 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….
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…. [T]his 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.” …
by Eugene Volokh
