Indiana lawyer Mark K. Phillips has filed a libel and slander action against two media outlets, Nexstar Broadcasting Group and Mission Broadcasting, for mistakenly identifying him as a child molester. In 2011, Mark S. Birge, Phillips’ client, pleaded guilty to child molestation in an Indiana court. When the local news companies reported this story during the next two days, they mistakenly announced instead that Birge’s attorney, Mark Phillips, had been convicted of child molestation and would be sentenced to up to 16 years in prison. The media companies published a correction to the story over a month later, but Phillips filed suit anyway for slander per se, libel per se, and defamation. He seeks more than $1 million in compensatory and punitive damages.
Likely issues will include whether the lawyer is a “public figure” required to prove malice, the extent to which the media outlets are at fault for the mistaken report, and the legal effect of the subsequent correction.
Phillips asserts that the defendants are liable for defamation because they falsely identified him as the child molester knowing the statements to be false. As a result, he claims he “has suffered ridicule, damage to his professional and personal reputation within the community and the tri-state area, emotional and physical pain, disgrace, and stress within his marriage and with his family, embarrassment, and loss of opportunity to achieve his potential as a professional.” Phillips suggests that the severity of the impact of these stories on him is a result of the fact that he is an active member of the community. He has coached a Special Olympics basketball team for over 18 years, is a member of multiple legal professional groups and country clubs, and maintains an active legal practice in multiple states.
In addition, Phillips claims that the stories posted on the Internet amount to libel per se and the televised broadcasts to slander per se because the stories falsely (and with reckless disregard for the truth) claimed that he committed a crime of moral turpitude. He seeks both compensatory damages and punitive damages for the malice, fraud, and gross negligence committed in the course of this reporting.
The defendants removed the case to federal court and have yet to file an answer. Phillips is representing himself.