Eastwood v. National Enquirer, Inc.

National Enquirer, Inc. (defendant) was the publisher of a tabloid, National Enquirer (the Enquirer). Clint Eastwood (plaintiff) was a famous actor. The Enquirer’s editors decided to buy the rights to an interview that a freelance writer claimed to have had with Eastwood. The interview had previously been published in a British tabloid. The circumstances of the alleged interview were questionable; for example, the freelance writer claimed that he erased the tapes he used to record the interview. An attorney for the Enquirer concluded that even if the interview were fabricated, Eastwood would probably not sue because the article contained innocuous information about Eastwood’s relationship with his child and partner. When the Enquirer published the interview, it (1) labeled the interview in three different places as an exclusive, (2) included fabricated details about Eastwood’s demeanor and actions during the interview, giving the impression that Eastwood met with an editor of the Enquirer in person, and (3) published a blurry candid photograph of Eastwood’s child. Publishing the photo with the article suggested that the editor had access to the child, but the Enquirer obtained the photograph from paparazzi who took a photo at a distance of a photograph that Eastwood’s partner was showing to friends. Eastwood filed a complaint in the United States District Court for the Central District of California, alleging that the Enquirer violated 15 U.S.C. § 1125(a), part of the Lanham Act, and that it violated California civil code and common law by invading his privacy and appropriating his name, likeness, and personality. Eastwood argued that the article harmed his reputation by implying a connection between Eastwood and the Enquirer, which was known for its sleaziness. To recover damages, Eastwood was required to show that the Enquirer acted with actual malice, which he attempted to prove by arguing that even if the Enquirer’s editors believed the interview was genuine, they deliberately misrepresented that Eastwood had granted the interview to the Enquirer. The jury found for Eastwood and awarded him $150,000. The Enquirer appealed.