Categories: Michigan Supreme Court Opinions

HOWE v. DETROIT FREE PRESS, INC, 457 Mich. 871 (1998)

586 N.W.2d 85

HOWE v. DETROIT FREE PRESS, INC

No. 108360.Supreme Court of Michigan.
Decided May 15, 1998.

Summary Dispositions May 15, 1998:

In lieu of granting leave to appeal, the judgment of the Court of Appeals is affirmed. MCR 7.302(F)(1). The Supreme Court agreed with the Court of Appeals:

In the case at bar, defendant reproduced, without substantial change, an apparently accurate article released by a reputable news-gathering agency.[*]
There is no evidence or allegation that defendant knew the article contained falsities, and there is nothing in the content of the article itself that could reasonably have placed defendant on notice of potential inaccuracy. Under these circumstances, the wire-service defense is available, and defendant had no duty to independently verify the accuracy of the article. Summary disposition in favor of defendant was proper.

[*] For the purpose of this appeal, there is no dispute that the agency from which the defendant received the article was a reputable news service.

KELLY, J. (dissenting).

This is a case of first impression in Michigan. It presents an important legal issue. The Court of Appeals accepted the defendant’s wire service defense, although it had yet to be recognized by this Court. Because this is the first published Michigan case to address the matter, and because of the jurisprudential significance of the issue, I would grant leave to appeal.

Court of Appeals No. 185550.

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