DocumentCloud_Epstein_Docs_p00079.png
Extracted Text (OCR)
Case 18-2868, Document 276, 08/09/2019, 2628224, Page30 of 77
from the whole scope and apparent object of the writer.” James v. Gannett Co., 353 N.E.2d 834,
838 (N.Y. 1976); accord, e.g., Chau v. Lewis, 935 F. Supp. 2d 644, 665 (S.D.N.Y. 2013).
In general the trial court should view allegedly defamatory statements from the
perspective of the average member of the public. Statements directed to a specific audience,
however, are considered from the viewpoint of that audience. Instructive is this Court’s analysis
of the perspective from which it should assess an allegedly defamatory article on boxing
published to sports readers:
The issue of how the “average reader” would construe the statements is
certainly a fair one, for the question of whether statements are defamatory turns
on how the audience to whom the statements are addressed would interpret
them. ... As the New York State Court of Appeals has explained in [a] boxing-
defamation case[]: . . . . “The words are to be construed not with the close
precision expected from lawyers and judges but as they would be read and
understood by the public to which they are addressed. . . .”
Here, the statements in question were addressed to readers of an Internet
boxing website and the sports pages of daily newspapers. The statements must be
considered from their viewpoint. As Judge Martin . . . held [in Horne v. Matthews,
No. 97 Civ. 3605(JSM), 1997 WL 598452 (S.D.N.Y. Sept. 25, 1997)]: “An article
on the sports page of a newspaper should be viewed from the perspective of the
audience to whom it is addressed, i.e., the understanding of “a sophisticated and
sports-conscious reader.”
Dibella v. Hopkins, No. 01 CIV. 11779 (DC), 2002 WL 31427362, at *2 (S.D.N.Y. Oct. 30,
2002) (emphasis supplied; citation omitted).
The entirety of the email containing the January 2015 statement from Mr. Gow sent to
various media representatives reads:
To Whom It May Concern,
Please find attached a quotable statement on behalf of Ms Maxwell.
No further communication will be provided by her on this matter.
Thanks for your understanding.
Best
Ross
Ross Gow
ACUITY Reputation
23
Extracted Information
Dates
Document Details
| Filename | DocumentCloud_Epstein_Docs_p00079.png |
| File Size | 344.0 KB |
| OCR Confidence | 94.1% |
| Has Readable Text | Yes |
| Text Length | 2,144 characters |
| Indexed | 2026-02-04 12:22:28.890691 |