Winning a libel suit against the press is very difficult, so
difficult that it seldom happens. But George Zimmerman, the Florida security
guard charged in the shooting death of Trayvon Martin, an unarmed 17-year old
he encountered on his rounds, is chancing it. Or rather, his lawyers are.
Zimmerman basically is suing NBC for injecting a racial angle into the killing.
The crux of the libel complaint is that NBC’s “Today” show
broadcast last March a portion of what purported to be an exchange between
Zimmerman and a police dispatcher about the Martin-Zimmerman encounter.
According to the broadcast, Zimmerman had volunteered to the dispatcher, “This
guy looks like he’s up to no good…he looks black.” The New York Times reported
that Zimmerman actually had said, “This guy looks like he’s up to no good. He’s
on drugs or something. It’s raining and he’s just walking around looking
about.” The police dispatcher then asks, “OK and this guy – is he white, black
or Hispanic? Mr. Zimmerman pauses and replies, “He looks black.
So it was the police dispatcher, not Zimmerman, who brought
up Martin’s race. NBC apologized for taking Zimmerman’s words completely out of
context, and it took disciplinary action against six staffers for the editing
blunder. But NBC’s initial reaction to
complaints about its Zimmerman story was uninformative and totally inadequate.
In its statement, it said “there was an error made in the production process we
deeply regret….We will be taking steps to prevent this from happening in the
future and apologize to viewers.” Nowhere in its statement did the network
suggest it had been unfair to Zimmerman by misattributing words to him that
made it appear there was a racial motive for the shooting. And no one with
responsibility for the Today show went on-air to apologize to him.
Would that have prevented Zimmerman’s libel action? Plenty
of people who receive an apology or retraction go ahead and sue anyway, in part
apparently to punish the media. Regardless of whether NBC could have
forestalled Zimmerman’s libel action, it would have been prudent for the
network to broadcast widely that it had been unfair to Zimmerman.
After all, the shooting of Trayvon Martin was widely reported
and it was widely believed, or at least suspected, that it was racially
motivated. NBC contributed mightily to that misperception. Somebody from the
Today show should have stared into a camera and set the record unmistakably
straight.
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