3.5 Business Ethics The National Enquirer, Inc., is a Florida corporation with its principal place of business in Florida. It publishes the National Enquirer, a national weekly newspaper with a total circulation of more than 5 million copies. About 600,000 copies, almost twice the level in the next highest state, are sold in California. The National Enquirer published an article about Shirley Jones, an entertainer. Jones, a California resident, filed a lawsuit in California state court against the National Enquirer and its president, who was a resident of Florida. The California lawsuit sought damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress. Calder v. Jones, 465 U.S. 783, 104 S.Ct. 1482, 79 L.Ed.2d 804, Web 1984 U.S. Lexis 4 (Supreme Court of the United States)
What kind of paper is the National Enquirer?
In 1926 The National Enquirer was founded by William Griffin. The National Enquirer is a ...view middle of the document...
Are the defendants subject to suit in California? Why or why not?
In 1926 The National Enquirer was founded by William Griffin. The National Enquirer is a weekly magazine that provides stories of famous, and those trying to become famous, people. It includes stories of their personal lives and has a tendency to exaggerate the truth. The Enquirer will go out of its way to pay those for juicy stories, and fowl pictures. They like following celebrities around, digging up dirt and letting the whole world know. With their poor reputation, their source of information is not a reliable one. Many people find themselves reading the magazine purely for entertainment purposes and nothing more.
Calder v. Jones occurred in 1984 when actress Shirley Jones sued for an article written claiming the actress was an alcoholic due to her husbands erratic behavior. Jones, since residing in California, filed her lawsuit in the state of California even though the article had been written in Florida. Based on her knowledge and the guidance of her lawyer, she felt that she had jurisdiction based on the magazine selling over 600 thousand copies in California alone. When the National Enquirer tried to fight the jurisdiction of the lawsuit, they were doing it out of what was more convenient for them, and not taking into consideration the fact that their publishings were worldwide. When a company does only thinks of themselves and not those who are affected by their decisions, make it unethical.
The publisher and the distributor of the National Enquirer did not disagree with the jurisdiction in California. The writer, and editor of the magazine article claimed they fought the jurisdiction in California claiming they were not part of the distributing process where the magazine could cause injury. According to the courts, each defendant was subject to be sued in California based on their knowledge, prior to publishing the article, that the magazine would be significantly circulated around California, the victim resided in California, and had been aware that the publishing could cause injury to her career in California.