September 2006 Volume 28 Number 4
court reinstates defamation claim filed against Boston Magazine by teenager
whose photograph accompanied article on teen sexuality
federal District Court had dismissed the case, in response to the magazine’s
motion for summary judgment, on the grounds that the photo’s caption stated
pictured were unrelated to the people or events in the article (ELR 27:2:16).
Court of Appeals reversed. It held that the juxtaposition of the photo and the
text of the article were reasonably susceptible of defamatory meaning, and thus
the case should not have been dismissed on summary judgment.
v. Metro Corp.,
U.S. App. LEXIS 4306 (1st Cir. 2006