Quimbee logo
DMCA.com Protection Status

Braun v. Soldier of Fortune Magazine, Inc.

968 F.2d 1110 (1992)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

Braun v. Soldier of Fortune Magazine, Inc.

United States Court of Appeals for the Eleventh Circuit

968 F.2d 1110 (1992)

Facts

Soldier of Fortune Magazine, Inc. (defendant) ran a personal ad listing professional mercenary Michael Savage as a “Gun for Hire” looking for jobs. Bruce Gastwirth and John Moore responded to the ad, wanting to murder Gastwirth’s business partner, Richard Braun. Savage, Moore, and a third man, Sean Doutre, went to Braun’s home, where Doutre killed Braun. Braun’s sons (plaintiffs) sued the magazine for negligence, arguing the ad solicited the crime. Savage testified that he did not intend to solicit illegal jobs and got one legitimate job as a bodyguard, but most of the 30 to 40 people who called each week wanted him to murder, assault, or kidnap someone. The judge instructed the jury that it could hold the magazine liable only if the ad posed an unreasonable risk of harm to the public that a reasonably prudent publisher would have identified. The jury awarded Braun’s sons $4.3 million, and the magazine appealed, arguing that a publisher could not be liable for an ad that did not explicitly solicit crime without unduly restricting the press’s freedom of speech. The magazine also argued that the ad did not proximately cause Braun’s murder because unforeseen criminal acts of third parties intervened as a superseding cause that broke any causal connection between the ad and Braun’s murder.

Rule of Law

Issue

Holding and Reasoning (Anderson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership