As I have discussed on this blog before on several occasions, a literally true statement can give rise to a defamation claim if a reasonable listener would infer a defamatory message from the words (and images) used, even if the words themselves do not convey that defamatory meaning directly. If innuendo would cause a reasonable listener to “read between the lines” and infer that the speaker is communicating a defamatory statement about another individual despite the use of words that are not themselves false or defamatory, that can be sufficient to state a viable claim. This is the concept of “defamation by implication.” Earlier this month, in a case brought by a convicted felon, Judge Gibney of the Eastern District of Virginia permitted such a case to proceed to trial.
The case arose out of this CBS 6 broadcast in the Richmond area. Watch it carefully. Did you see or hear anything that would likely cause damage to someone’s reputation? Well, someone named Angela Engle Horne thought so, and so she sued the station for defamation, claiming that her reputation had been damaged by the story. Here’s what happened, according to papers filed in the case: