Carol Burnett v. The National Enquirer

1. Carol Burnett’s libel suit against the National Enquirer 1

2. The National Enquirer wrote… “In a Washington restaurant, a boisterous Carol Burnett had a loud argument with another diner, Henry Kissinger. Then she traipsed around the place offering everyone a bite of her dessert. But Carol really raised eyebrows when she accidentally knocked a glass of wine over one diner and started giggling instead of apologizing. The guy wasn't amused and 'accidentally' spilled a glass of water over Carol's dress.” 2

3. Here’s what really happened… Carol Burnett, her husband and three friends were having dinner at the Rive Gauche restaurant in the Georgetown section of Washington, D.C. The date was January 29, 1976. 3

4. Here’s what really happened… Respondent was in the area as a result of being invited to be a performing guest at the White House. In the course of the dinner, respondent had two or three glasses of wine. She was not inebriated. 4

5. Here’s what really happened… She engaged in banter with a young couple seated at a table next to hers, who had just become engaged or were otherwise celebrating. 5

6. Here’s what really happened… When curiosity was expressed about respondent's dessert, apparently a chocolate soufflé, respondent saw to it the couple were provided with small amounts of it on plates they had passed to her table for the purpose. 6

7. Here’s what really happened… Perhaps from having witnessed the gesture, a family behind respondent then offered to exchange some of their baked Alaska for a portion of the soufflé, and they, too, were similarly accommodated. 7

8. Here’s what really happened… Ms. Burnett was later leaving the restaurant, she was introduced by a friend to Henry Kissinger, who was dining at another table, and after a brief conversation, respondent left with her party. 8

9. Carol Burnett sued the National Enquirer for libel 9

10. Basic “elements” of libel: Something was written (or at least put in “permanent” form) Written thing was false Written thing shown to a third party Written thing hurt someone or someone’s reputation (not just offensive or insulting) 10

11. The jury awarded Ms. Burnett $300,000 compensatory damages 11

12. The jury awarded Ms. Burnett $300,000 compensatory damages And $1.3 million punitive damages 12

13. The judge reduced the amount to 13

14. The judge reduced the amount to $50,000 compensatory damages 14

15. The judge reduced the amount to $50,000 compensatory damages and $750,000 punitive damages 15

16. The National Enquirer appealed to the Court of Appeal. The Appeals Court decided they had to pay… 16

17. The National Enquirer appealed to the Court of Appeal. The Appeals Court decided they had to pay… $50,000 compensatory damages And $150,000 punitive damages 17

18. Basic “elements” of libel: Something was written (or at least put in “permanent” form) Written thing was false Written thing shown to a third party Written thing hurt someone or someone’s reputation (not just offensive or insulting) 18

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