Florida appeals panel says man can sue '60 Minutes'

By The Associated Press

05.22.01

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PORT CHARLOTTE, Fla. — A state appeals court panel has rejected a First Amendment ruling by a lower court and found that an attorney portrayed in a "60 Minutes" segment on domestic violence can pursue his claim that he was falsely portrayed as a wife beater.

The new ruling could make it easier for plaintiffs to get trials when they sue news organizations over the issue of fair reporting, a media attorney noted.

The 2nd District Court of Appeal in Lakeland ruled May 17 that a lower court improperly dismissed the lawsuit against CBS Broadcasting filed by John Heekin over the 1995 broadcast.

Sarasota County Circuit Court Judge James Parker had dismissed the suit last March, saying CBS could not be held liable under the First Amendment for reporting information contained in public records.

A spokesman for "60 Minutes" said the new ruling would be appealed to the Florida Supreme Court and declined further comment.

The three-judge appeals panel ruled that Heekin's case is a matter of fair reporting and should be decided by a jury.

Judges usually have been quick to dismiss lawsuits that involve stories based on public records. However, in Heekin's case the dispute is over how those records were presented.

Heekin was accused of domestic violence by his former wife, but he was not arrested after law enforcement officials found no evidence of battery. His wife repeated her claims for the "60 Minutes" story in an interview that was taped while the couple were getting a divorce.

Heekin's attorney, Robert Turffs, said the news magazine lumped his client in among a series of convicted abusers, many of whom had killed wives or girlfriends.

The panel ruled that a jury should decide if CBS should have thought twice before depicting Heekin in the same segment with stories of women who were abused and killed by their domestic partners.

"Because (the claim) can be based on truthful information, the question is whether (CBS) acted with knowledge of the false light in which (Heekin) would be cast," the decision stated.

First Amendment attorney Gregg Thomas, who represents newspapers throughout Florida, said the decision could mean more lawsuits against news companies.

"In a free society, where you publish the truth about someone, you should never be punished," he said. "I think it will have a ripple effect on how cases are brought against the media."

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