Burnett v. National Enquirer, Inc.

Carol Burnett v. National Enquirer, Inc.
Court	Court of Appeals of California, Second Appellate District
Full case name	Carol Burnett v. National Enquirer, Inc.
Decided	July 18, 1983
Citation(s)	193 Cal.Rptr. 206
Case opinions
"Actual malice" required under California law for imposition of punitive damages is distinct from the "actual malice" required by New York Times v. Sullivan in order to be liable for defaming a "public figure". The National Enquirer is not a "newspaper" for the purposes of California libel law.

Carol Burnett v. National Enquirer, Inc., was a decision by the California Court of Appeals which ruled that "actual malice" required under California law for imposition of punitive damages is distinct from the "actual malice" required by New York Times v. Sullivan in order to be liable for defaming a "public figure", and that the National Enquirer is not a "newspaper" for the purposes of California libel law.

The case resulted from a brief 1976 report in a gossip column, in the leading U.S. gossip taboid, the National Enquirer, incorrectly implying that actress-comedienne Carol Burnett had been drunk and boisterous in a nightclub encounter with U.S. Secretary of State Henry Kissinger. Burnett, a passionate campaigner against alcoholism, sued the National Enquirer for libel, persistently, over several years, ultimately settling out-of-court for a reported $200,000. Though offering no witnesses to its defense, initially, the Enquirer argued that it was exempt from liability on legal grounds—particularly on grounds arising from the First Amendment to the United States Constitution. Initially Burnett sought $10 million, but her attorney sued in California courts for $1.6 million—which a jury awarded Burnett, in actual and punitive damages. However, the presiding court cut the award, and in subsequent appeals the award was reduced to $200,000—though the final settlement was out-of-court. The case was widely regarded as a watershed event in tabloid journalism, and some analysts suggest it may have increased celebrities' willingness to sue tabloids for libel, and dampened tabloids' recklessness in reporting—though others contend it did little to reduce a profitable industry's flouting of the laws against libel.

Carol Burnett is an actress. In January 1976 she was dining at the Rive Gauche restaurant in Georgetown, Washington, D.C. She drank "two or three" glasses of wine, but was not drunk. She exchanged parts of her dessert, a chocolate soufflé, with diners at a couple of neighboring tables after they became curious about it. Later, as she was leaving the restaurant, she was introduced to Henry Kissinger, who was also dining in the restaurant.

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