Marcone v. Penthouse International Magazine for Men

754 F.2d 1072 (1985)

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Marcone v. Penthouse International Magazine for Men

United States Court of Appeals for the Third Circuit
754 F.2d 1072 (1985)

  • Written by Sharon Feldman, JD

Facts

Frank Marcone (plaintiff) was an attorney who represented and was linked to motorcycle gangs. Marcone’s gang connections and indictments for criminal tax evasion, drug trafficking, and contempt were widely publicized. Marcone was indicted in Detroit for conspiracy to distribute marijuana, but the charges were withdrawn because of legal technicalities. Penthouse magazine (Penthouse) (defendant) published an article about marijuana having become a multibillion-dollar industry and the involvement of “criminal attorneys and attorney criminals,” citing Marcone as an example. The article stated that Marcone contributed down payments of up to $25,000 on marijuana transactions and that the charges against Marcone were dropped because of his cooperation. Marcone brought a libel action against Penthouse, alleging that the article falsely stated he was guilty of a crime and the charges were dropped because he cooperated, and that the article had caused him harm and subjected him to ridicule. A jury returned a verdict in favor of Marcone. Penthouse appealed, arguing that the article was not capable of being defamatory and, even if it was, Marcone's reputation in the community was already so tarnished that the article could not have caused further harm, entitling Marcone to only nominal damages.

Rule of Law

Issue

Holding and Reasoning (Adams, J.)

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