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Foretich v. Capital Cities/ABC, Inc.

United States Court of Appeals for the Fourth Circuit

37 F.3d 1541 (1994)

Relevant factsFree

ABC aired a docudrama about the custody battle over Hilary Foretich, whose mother was jailed for contempt after refusing to disclose Hilary's whereabouts amid abuse allegations against Hilary's father; the controversy prompted federal legislation limiting contempt powers in custody cases. Hilary's grandparents, Vincent and Doris Foretich (plaintiffs), spoke publicly and gave interviews defending their son against the abuse accusations, and sued ABC for defamation after the docudrama's use of the plural "abusers" implied they too had been accused of abuse (a mistake both sides agreed was inadvertent). At trial, ABC argued the Foretiches were limited-purpose public figures requiring proof of actual malice; a jury found for the Foretiches, and ABC appealed.

IssueFree

Whether, for purposes of being a limited-purpose public figure, a public controversy is anything that is simply a matter of interest to the public.

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