Hyung Park
Tom Cruise Sues for Defamation http://www.cnn.com/2012/10/24/showbiz/tom-cruise-sues/index.html%3Fhpt=hp_t3?iref=obinsite Tom Cruise sued magazine companies Life&Style and InTouch after the companies allegedly made false claims about his daughter on magazine headlines. The magazine headline read: “Suri in tears, abandoned by her dad”. Along with the headline, the magazine’s cover featured Cruise’s daughter Suri in tears and in her mother’s arms. Cruise’s lawyer Bert Fields claimed that this was a “vicious lie”. Fields also claimed that Cruise loves his daughter dearly and would never abandon her. According to the lawsuit, the story inside said that the reason Suri was crying was because she was not able to take home a puppy. Also on the complaint is In touch magazine’s cover stating: "44 DAYS WITHOUT TOM ... ABANDONED BY DADDY ... Suri is left heartbroken as Tom suddenly shuts her out and even misses her first day of school... HAS HE CHOSEN SCIENTOLOGY OVER SURI FOR GOOD?”. Fields claimed that millions of people see this every day at the grocery stores on magazine stands. Fields mentioined that Cruise does not go around suing people everyday but since it involves his family it is a serious matter that demands attention. It is mentioned in the article that Cruise will donate the proceeds to charity like he always does.
I do not think that Cruise has a valid case against the defendant on the basis of defamation. The reason is that not all the elements of defamation are present in this case. The first element, defamatory statement, is obvious and present. Stating that a father has abandoned their child is offensive to a reasonable person. The second element, falseness, is also present since the article in the magazine does not coincide with the headline. The magazine was published and placed on store shelves, which means that it was also communicated to a third party; the third
