Logourl black
From our private database of 14,000+ case briefs...

Busch v. Viacom International

United States District Court for the Northern District of Texas
477 F. Supp. 2d 764 (2007)


Facts

Jon Stewart (defendant), the anchor of The Daily Show with Jon Stewart (The Daily Show), a nightly news satire program, aired a “fake endorsement” of a dietary shake promoted by television-evangelist Pat Robertson. At the end of the segment, the show replayed a brief episode of The 700 Club, a talk show led by Robertson, which included the image of Phillip Busch (plaintiff). Busch was a bodybuilder who thanked Robertson in the segment for Busch’s 200-pound weight loss over a 15-month period, after consuming Robertson’s dietary shakes. The entire segment was only a few seconds long. Busch was never mentioned in the broadcast by name, and his appearance in the clip from The 700 Club was never identified. Busch filed a pro se defamation suit in state court against Stewart and Viacom International, Inc., doing business as MTV Networks (Viacom) (defendant), the company that owned The Daily Show, seeking compensatory and punitive damages. The defendants removed the matter to federal district court. The district court granted Stewart’s motion to dismiss the complaint against him, due to a lack of personal jurisdiction. Viacom moved to dismiss the complaint against it for failure to state a claim.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Lindsay, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 177,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.