Fawcett Publications, Inc. v. Morris

377 P.2d 42 (1962)

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Nature of the Case

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Facts

The suit grew out of an article in a 1958 issue of 'True' Magazine entitled 'The Pill That Can Kill Sports', concerning the use of amphetamine and other similar drugs by athletes throughout the country. The article was in the true nature of sleazeball and hype journalism. It talked about the illegal drugs available to athletes in particular amphetamines and how they were delivered to student-athletes. It specifically stated: 'Speaking of football teams, during the 1956 season, while Oklahoma was increasing its sensational victory streak, several physicians observed Oklahoma players being sprayed in the nostrils with an atomizer. And during a televised game, a close-up showed Oklahoma spray jobs to the nation. 'Ten years ago,' Dr. Howe observed acidly, 'when that was done to a horse, the case went to court. Medically, there is no reason for such treatment. If players need therapy, they shouldn't be on the field.' P sued D for damages for libel. P was a member of the 1956 Oklahoma University football team. P claimed that the article imputed to him a crime against the laws of the state of Oklahoma and was libelous per se; and asked for general damages in the amount of $100,000, and punitive damages in the amount of $50,000. P's evidence at the trial shows that the substance administered to Oklahoma players and members of the 1956 football team was 'spirits of peppermint', a harmless substance used for the relief of 'cotton mouth', or dryness of mouth, resulting from prolonged or extreme physical exertion; that plaintiff did not use amphetamine or any other narcotic drug, and there was no evidence that any other member of the team used amphetamine or narcotic drugs. P was fullback on the alternate squad of the 1956 football team, and he played in all games during the 1956 season, except two. There were sixty or seventy members of the team in 1956. Many people asked P about the article in True, beginning shortly after its publication, and continuing until shortly before trial. The trial court instructed the jury to return a verdict against D, leaving only the amount of the damages for jury determination. Mid-Continent's motion for directed verdict in its favor was sustained. The jury returned a verdict for P of $75,000 for actual damages.