PGage, upthread:

"I am currently engaged in a conflict with my employer that was covered in
a few media outlets (the case is trivial for almost everyone, but pretty
major to the parties involved). In one of the published stories a claim was
made about me that was patently false and potentially damaging. I was
irritated for a day or two, but would never have considered suing the
paper; I realize that a free press, even one that makes mistakes through
carelessness, or even motivated by interest, is better for me as a citizen
than punishing every mistake or error of fact or judgement."

What would have happened if an attorney contacted PGage the next day, being
sympathetic, perhaps mentioning that others have also been hurt by the same
paper, and offering to take the case on a contingency basis? Maybe P would
decline because of the chilling effect he mentions above. Maybe he'd ask
the lawyer about her involvement, and maybe find out that someone else is
paying to go after the paper. Or maybe he'd be willing to sue the bastards.
(To be clear, I'm not questioning anything PGage said. This is just a handy
hypothetical.)

Every news outlet makes mistakes. Most of those errors are trivial, but
even then, someone who really wants to go after the outlet can try. And
even if they just generate a bunch of nuisance suits, the outlet still has
to devote resources to defending itself, especially if their opponent isn't
interested in settling for apologies or any other sort of compromise. And
if a jury is convinced that the damage is non-trivial, the results can be
devastating, regardless of whether you think the outlet deserves to be
devastated.

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