Wilson v. Harvey, 2005-Ohio-5722 – being depicted as homosexual not libel per se
In March of 2004, the defendants placed flyers on the campus of Case Western Reserve University depicting Wilson as a homosexual in search of a companion. The flyers contained Wilson’s name, photograph, phone number, and email address, and he received several inquiries for the “personal ad.” The Cuyahoga County Court of Common Pleas directed a verdict for the defendants, and Wilson appealed. The Eighth District affirmed. In holding that distributing flyers depicting Wilson as a homosexual was not libel per se, the Eighth District rejected the notion that being falsely labeled a homosexual would tend to injure a person in his trade or occupation. While the court agreed that falsely publicizing someone as a homosexual may be libel per quod, it held that special damages must be pled and proven, and that Wilson failed to demonstrate that he was subject to offensive or derogatory treatment as a result of the defendants’ actions. The court also affirmed the directed verdict on issues of invasion of privacy and civil conspiracy.
This post was written by slachapelle.
