Browning v. Clinton

292 F.3d 235 (D.C. Cir. 2002)

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Nature of the Case

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Facts

Browning (P) had a 'longstanding friendship' with former President Clinton--a friendship she alleges 'included an extramarital, sexual relationship.' P wrote a 'semi-autobiographical novel' in which the female protagonist has a long-standing extramarital affair with the governor of a southern state. P sent the book to Warner Books, where an editor 'encouraged her to continue to work on it.' P charges that Ds engaged in a scheme to prevent publication of her book and defame her. Browning's own brother, a Deputy White House Counsel and Clinton's brother telephoned to warn P that they didn’t want the book published and they would destroy her. In 1994, P and D met at their thirtieth high school reunion where, according to P, D 'apologized to [her] for the threat that had been made against her.' P claims that they negotiated a deal as to what she could say in the book. P began promoting the book and received media attention but got no publication offers. The New Yorker (D) ran an article in 1997 by Jane Mayer (D) attributing comments to publisher Alfred S. Regnery about 'a memoir by a putative Presidential mistress' and that Regnery would not touch the book because it was not up to their standards. From this and other efforts to discredit and malign P, P was unable to publish her book. P sued Ds for 1) tortious interference with prospective business opportunity (against all appellees); (2) disparagement of property (against The New Yorker and Mayer); (3) defamation (against Clinton, Scott, and Bennett); (4) 'false light' invasion of privacy (against Clinton, Scott, and Bennett); (5) intentional infliction of emotional distress (against Clinton, Lindsey, Scott, and Bennett); (6) civil RICO (against Clinton and Lindsey); (7) Bivens liability for violation of the First Amendment (against Clinton and Lindsey); and (8) civil conspiracy (against all appellees). Ds moved to dismiss under 12(b)(6) and 15(a). The court granted the 12(b)(6) motion for failure to state a claim and dismissed with prejudice. P appealed.