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Source: DOCUMENTCLOUD  •  Size: 344.0 KB  •  OCR Confidence: 94.1%
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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

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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