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Caches can be in a variety of shapes and sizes, and can be found hidden at ground level, up in trees, and in many creative above-ground locations. Because of safety issues and restrictions from the property owners, caches are rarely buried underground. So, even though we're comparing this fun activity to treasure hunting, you should leave your shovel at home. No digging should be necessary.
There are various types of caches to be found. "Moving Caches "require the person who finds the cache to move it to a new location and log the new coordinates online. "Multi-Caches" involve two or more locations and require a visit to one or more intermediate points to discover the ultimate coordinates for the actual cache. Fun variations on the treasure hunt theme keep the activity fresh and exciting.
Whichever type of cache you're hunting for, you should find at least a logbook inside the cache to let others know that you were there. Sometimes the cache owner may leave little things inside for you to take as a remembrance of the search. You may also be asked to leave something in trade for the next person. The geocaching.com website can give you more details about the rules and etiquette of the game.
Geocaching has a social aspect as well. The website "Geocaching in Central New York" is a great place to find other geocachers in Central New York and discuss all aspects of the sport from equipment to geocaching events. They post meetups where geocachers can get together to swap stories and find caches.
If you are intrigued, we encourage you to give geocaching a try. It's a great way to combine technology and the great outdoors to make a fun and healthy activity for all. If you have any questions about this or any other topic, please feel free to stop by the Dewitt Community Library for answers to all your information needs.
Paul Morrell is assistant director for computing and technology services at DeWitt Community Library and Scott Mosher is paralibrarian for technology.
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TOMNOLEN - Mrs. Martha Clark wood, 76, died Sunday, April 29, 2012 at Joliet Area Community Hospice in Joliet, Ill.
Funeral services will be held 11 a.m. today at Oliver Funeral Home Chapel.
By STEVEN NALLEY
The first close relative Brian Hawkins lost — his maternal grandfather — was a victim of liver cancer.
The most important part of making the Armstrong Middle School Gladiators' robot work correctly is lining it up correctly from the start.
By NATHAN GREGORY
There are a group of national champions walking the campus of Mississippi State.
Mr. Roby Morton Jr., 64, died Thursday, April 26, 2012 at North Miss. Medical Center in Tupelo.
Funeral services will be held at 2 p.m., Friday at Mount Union Missionary Baptist Church.
Mr. Donald Phifer, 77, died Monday, April 30, 2012 in Houston, Texas.
Funeral arrangements are incomplete at this time.
Century-Hairston Funeral Home is in charge of arrangements.
Lucy Martin
Ms. Lucy Martin, 77, died Monday, April 30, 2012 in Columbus.
Funeral services are incomplete at this time.
Emily Damm prefers poems that incite smiles and laughter to more depressing fare, but sometimes, tragedy and comedy are not mutually exclusive.

subset: commoncrawl


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Who Do You See In This Amazing Optical Illusion? [IMAGE]
There's an incredibly cool optical illusion image going around Facebook. Follow the instructions below to unlock the secret.
There's an incredibly cool optical illusion image going around Facebook. Follow the instructions below to unlock the secret.
Like Seize the Deal on Facebook and enter for a chance to win $1,000!
A thousand years from now, historians will be referencing Facebook posts in their re-telling of what mattered to people before the earth exploded/was nuked/entered a new ice age. Unfortunately, 'The Face' hasn't been around forever, so we can't go back and ponder what, say Abraham Lincoln's status message was before he went off to Ford's Theatre.
If you've been on a single date thanks to a Facebook connection then the sentiment in this video will probably ring true.
If you've been on Facebook in the past couple days, you may have noticed a fun new trend: people are posting the song that was number one on the charts the day they were born.
This is one of the "cheesy feel-good" videos, but I like it because it makes me feel good even though it's cheesy. I wish I could show this to everyone who's stressing on Facebook or just having a tough time. More after the jump.
If you recently lost a slew of Facebook friends, it probably wasn't a glitch. Go back and look at your timeline because the chances are good it's your own fault.
That's what a new study from Nielsen seems to indicate anyway. The group surveyed about 2,000 adults to learn why Facebook users add and remove friends, and the results may surprise you.
After a few months in private trials, Facebook launched its Timeline feature to the masses on Thursday. In a nutshell, it lets you view people's photos and status updates from days long past instead of just showing you what they've done or posted most recently. Basically, it's the Facebook equivalent of being forced to look through your friends' childhood scrapbooks.
Intrigued? Here's what you need to know before taking the plunge.
Did you know that any message sent to you on Facebook which isn't from a friend or a friend of a friend gets filtered into an "other" subfolder?
Most people don't, and this means you probably have dozens of messages sitting on your Facebook page that you've never looked at before.
White girls. If you are on Facebook, there's a good chance you are friends with a whole bunch of them. Mary (a white girl herself) has been studying the social media habits of her Caucasian sisters, and has published a list of '15 of Things White Girls Love To Do On Facebook' on her blog Fibromy-Awesome.
Like Seize the Deal on Facebook and get connected to the best deals in town – and enter for a chance to win $500!
Frustrations over Facebook's lax privacy policies have risen quite high in recent times, which makes the fact that someone was able to hack the social site and make public some of Mark Zuckerberg's private photos all the more satisfying.


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Originally written on Fox Sports | Last updated 1/31/13
Some athletes and celebrities headed to New Orleans for Super Bowl weekend are picking up hammers and packaging food for the homeless in the big game's host city. The downtown area where most Super Bowl festivities will take place has arguably never looked better, with a renovated Superdome and resurfaced streets and sidewalks. But a closer look reveals homelessness, crime and outer-lying neighborhoods that still bear the scars of 2005, when levees collapsed during Hurricane Katrina and inundated more than 80 percent of the city with floodwater. One of the city's biggest areas of need is housing. In some areas, flood-damaged houses remain untouched, gutted homes have been abandoned, and many lots are overgrown with weeds where houses once stood. While in town, some athletes and celebrities are working with Habitat for Humanity and Rebuilding Together to help the city's rebuilding effort. Others are working with the Make-A-Wish Foundation and Second Harvest, a New Orleans-based no...
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Rate Dr. Marianne Russell
Dr. Marianne Russell's Ratings
She is arrogant and could not answer basic medical questions
Was this rating useful? 0 [[ userState['ratings'][2778498].votes_count ]]
To start with, the staff at reception we're absolutely rude as can be. They did not address me or even make eye contact when asking what they could do for me. They then told me to sit down, without asking about if I was a new patient or not (you need to fill in paperwork) so I had to ask them if I had some forms to fill out. Then they fumbled around to get my paperwork and a clipboard and take a copy of my services card. After I filled in the forms, they didn't even acknowledge that I put the clipboard down and got to my seat. I was taken into a room several minutes later, and didn't see the physician until no less than an hour past my scheduled appointment. At which point, Dr Russell asked me a series of questions about my medical history (which I already completed on my medical questionnaire), and failed to answer any of my questions. When I asked about some medications I could possibly switch to, she told me to GO HOME and research them and let her know what I'd like to try on our next appointment. She then provided me with less than sound medical advise (play video games to increase your dopamine levels), and THEN walked out of the clinic mid conversation. Literally, got up in the middle of what I was saying alluding to the fact that my comments and questions were clearly not warranted or wanted. As I made way my way back to the front desk, I was provided with more horrible service. I walked up, the female receptionist didn't even look at me and just walked out and I had to wait until the male receptionist came back (he was the only one who apparently knows how to do his job around there). I will absolutely NEVER go back there, and I highly suggest you do your research on this shoddy facility. There is a reason she is still accepting new patients. If you want to feel uncomfortable and completely ignored, go here. I realistically would like to get my paperwork back as I don't want those idiots to know anything about me.
Was this rating useful? 2 [[ userState['ratings'][2655678].votes_count ]]
Dr Russell and her staff are wonderful. our family would highly recommend her!
Was this rating useful? 0 [[ userState['ratings'][2653129].votes_count ]]
By far one of the worst GP's in the Lower Mainland. She makes you ill at ease and feel like a second class citizen. Her staff is not well-trained. Oh, and there is no such thing in her dictionary as as a doctor-patient confidentiality agreement.
Was this rating useful? 2 [[ userState['ratings'][2611507].votes_count ]]
she's the best family doctor I've been too and she spent quality time with me while seeing her. she's a very sweet and creditable doctor and her knowledge base is amazing. She's sometimes off time but that means she spends time helping the corncerns of the patients. I'm glad I came to this medical centre .
Was this rating useful? 0 [[ userState['ratings'][2594551].votes_count ]]
Dr. Russell has been helpful to my entire family through a very difficult time. I found her clinic to be supportive and helpful.
Was this rating useful? 0 [[ userState['ratings'][2594550].votes_count ]]
Was this rating useful? 2 [[ userState['ratings'][2591986].votes_count ]]
We found Dr Russell to be a very knowledgeable physician who truly cares for her patients. Sometimes she runs behind but its worth it for the quality of care and experience of the staff.
Was this rating useful? 0 [[ userState['ratings'][2563427].votes_count ]]
I have been looking for a family doctor after having a baby and called Dr. Russell's office to see if they were taking patients. The assistant was abrupt and booked me an appointment righr away without answering my question. I showed up for the first time to see her arriving from a 40 minute transit commute with a 2 month old to find the office was closed. I waited 40 mins as it was close to lunch time and no one showed. I left a note asking them to call to reschedule and no one called. I also tried calling for the week after and never got through. What a disgusting way to run a professional business. If you want to be treated like a human being, don't go here.
Was this rating useful? 9 [[ userState['ratings'][2544001].votes_count ]]
I have had no problems with the staff. Actually, the lady who works there is very good, she knows what's going on and very helpful. Dr Russell is great with my son. I could not be more happy. Yes, sometimes you have to wait. that means she a good dr. Does everyone complain when they wait everywhere else?
Was this rating useful? 1 [[ userState['ratings'][2542490].votes_count ]]
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MASSON v. NEW YORKER MAGAZINE, INC.
- 1990-1999
After Jeffrey Masson was fired from his position at the Sigmund Freud Archives, Janet Malcolm interviewed him for an article in the New Yorker magazine. Malcolm_s article included many long direct quotations from Masson. The article presented Masson as extremely arrogant and condescending; at one point, he was quoted as calling himself "the greatest analyst who ever lived." However, Malcolm fabricated many of the more distasteful quotations. Masson sued for libel. The District Court dismissed the case on First Amendment free speech grounds because Masson was a public figure.
Does the First Amendment give the New Yorker a right to publish fabricated quotations attributed to a public figure?
Legal provision: Amendment 1: Speech, Press, and Assembly
No. In a 9-0 vote, the Court ruled that the First Amendments free expression clause could not protect the distortions in Malcolms article. Justice Anthony Kennedy's majority opinion also explained when a direct quotation can be considered false, and therefore potentially libelous. The First Amendment limits libel suits by public figures. A report about a public figure cannot be considered "false" unless it is a gross distortion of the truth. Justice Kennedy's opinion explained that a direct quotation will qualify as such a distortion if the quoted words differ in their factual meaning from anything the public figure really said. Malcolm_s fabrication qualified as a "gross distortion," and the Court granted Masson standing to sue.
Argument of Charles Morgan, Jr.
Chief Justice Rehnquist: We'll hear argument next in No. 89-1799, Jeffrey M. Masson against New Yorker Magazine, Alfred Knopf, and Janet Malcolm.
Mr. Morgan: Mr. Chief Justice, if it please the Court:
This is an action by Jeffrey Masson in which he has claimed he has been defamed by publishing of defamatory quotations purportedly said by him, but never said by him.
Both the district court and the court of appeal assumed that the fact that the quotations were fabricated.
I am assuming that this Court will accept the same assumption, however, I am prepared to discuss the various factors that we introduced in addition to the fact that the words were not on the tape.
The Ninth Circuit, in making its decision, stated, one, that a fabricated quote that is wholly fabricated creates an inference of actual malice.
But it went on to say then that fictionalized quotes will not create an inference of malice if the fictionalized quote is a rational interpretation of what the speaker said, or if it does not alter the substantive content of what the speaker said.
Then they went a step further and they said, as an example of the latter, that a fictionalized quote created no inference of malice because it was consistent with the speaker's lifestyle and his idea of fun.
It went further and said that it came within the same concept and did not create an inference of actual malice if it was substantially the same as his own self-appraisal of himself.
Unknown Speaker: Well, Mr. Morgan, do you take the position that every misquote gives rise to an inference of actual malice?
Mr. Morgan: I take the position that every misquote that is defamatory and is not just a very minor misquote--
Unknown Speaker: Well, what is defamatory is typically defined under State law, right?
Mr. Morgan: --That's correct, Your Honor.
Unknown Speaker: Not Federal law.
Mr. Morgan: That's correct, Your Honor.
Unknown Speaker: So we're not concerned with that here.
Mr. Morgan: That's correct, Your Honor.
So what we deal with here... and California is interesting, because in California if a statement exposes a person... that's all it is, it doesn't have to say that he does it or he is it, or whatever, it merely says if it exposes him to contempt, ridicule, obloquy, or if it has a tendency to harm him in his profession.
And so therefore any statement of that form that is not what the speaker said, in our opinion creates an inference of actual malice.
And I'm not basing that on whole cloth.
We are basing that on this Court's statement in St. Amant v. Thompson when this Court said that professions of good faith will be unlikely to prove persuasive, for example, where a story is fabricated by the defendant or is the product of his imagination.
Unknown Speaker: Do you think the injury to reputation is different when the injury occurs by virtue of a misquote than when it occurs by virtue of a characterization?
Mr. Morgan: Absolutely, Your Honor.
And I think that all of the amici briefs and their documents they put in point out to you that the impact when it's coming from the individual, as opposed to coming from the writer's perception of the individual, has a greater impact.
Unknown Speaker: I suppose the law has always recognized that when it admits an admission by a party but excludes hearsay.
I suppose it's almost the same principle.
Mr. Morgan: That's correct, Your Honor.
And so obviously it has a far greater impact.
Unknown Speaker: Mr. Morgan, what if... what if I'm in an interview with someone and I make some statements that are very racist.
I say that I think a particular ethnic group is little more intelligent than dogs, that they really can't cope in our society, something like that.
And the next day there appears in the paper the quote, Scalia says this group is subhuman.
Mr. Morgan: Yes.
Unknown Speaker: Now, that's an inaccurate quote.
Mr. Morgan: That's right.
Unknown Speaker: Is there liability for that?
I mean, if they had, if they had quoted it accurately it would have been just as defamatory.
Mr. Morgan: Well, not necessarily, Your Honor.
We start with this.
The person that made that statement, of course, he also has the right of the freedom of speech and the public has the right to hear exactly what he said.
Now, what you are doing is you are substituting your conclusion for what he said, and yet the very words may not necessarily be the same.
Unknown Speaker: Well, that's right.
But I'm not going to the question of malice.
I'm accepting your position that all you need for malice is intentionally altering a quote.
I intentionally... this is intentionally altered.
There is no doubt I didn't say that and the writer knows I didn't say that.
But having overcome the question of malice, you still have the question of what's defamatory.
And it's your position that that is an actual... an actionable defamation even though an accurate quote would have harmed my reputation just as much?
Mr. Morgan: If I devine what I think you're saying, and what I think you're posing, you're really dealing with the concept of incremental harm.
Unknown Speaker: Yes.
Mr. Morgan: Because you use the term defamatory.
The minute you say something that will subject me or expose me to obloquy--
Unknown Speaker: Right.
Mr. Morgan: --it's defamatory.
But now the next question is am I harmed by it?
Am I damaged by it because I said something that at least in your perception is similar to what they are writing?
If I understand the concept, and my own feeling is that there isn't such a concept as incremental harm and we really haven't seen it anywhere yet, nevertheless I am still entitled to have a trier of fact decide whether this particular one, this statement, is any different than this statement.
As long as I have met all the rest of the requirements, then it seems that the trier of fact makes the decision well, there's no harm because he said exactly the same thing.
That's not this case though, Your Honor, and I think that's important to point out.
Unknown Speaker: Mr. Morgan, in any event, wouldn't any issue of incremental harm be a matter of State defamation law--
Mr. Morgan: I believe so.
Unknown Speaker: --rather than of First Amendment law?
Mr. Morgan: Absolutely.
I don't think it's an issue here.
I don't think that the Ninth Circuit was right in even raising it in this case.
Unknown Speaker: Could I change Justice Scalia's hypothetical just a little?
Supposing it's perfectly clear that the actual quote is much more insulting and harmful and defamatory, but yet the... what is actually said is also defamatory.
Have you proved malice just by that, by the fact it's inaccurate?
Mr. Morgan: Have I proved malice?
Yes, because... and I know we're talking about the Hotchner case, and I think it's a mistake to equate that case here.
But have I proved malice?
I have proved you fabricated a quote.
I proved it was defamatory.
Now the only question is am I entitled to any damages.
Who knows?
Maybe I'm only entitled to $1 damages, but maybe I'm entitled to X dollars punitive damages because of the manner in which the writer brought about this situation.
Who knows on that?
At least that's for the trier of fact to decide.
Unknown Speaker: Well, whether what... whether these quotes, whether they were fabricated or not and defamatory isn't involved in this case, is it?
Isn't it... doesn't this case turn on malice?
Mr. Morgan: Well, but malice requires defamation, Your Honor.
I mean, in other words--
Unknown Speaker: I think a lot of people can defame people and not be liable because they didn't do it maliciously.
Mr. Morgan: --Well, but maliciously is the wrong word, and I say this most respectfully to this Court, from a man who has tried a number of--
Unknown Speaker: What is the issue here?
Is it whether these... this is defamatory?
Are we supposed to decide whether what was said was defamatory?
Mr. Morgan: --No, Your Honor.
The issue is did we prove enough in the district court that the articles were written either knowing they were false or with a reckless disregard of the truth or falsity.
Unknown Speaker: Whether malice was involved.
That's what the case turns on.
Mr. Morgan: That's correct, Your Honor.
Unknown Speaker: Well, that's what I asked you and you said no.
Mr. Morgan: Well then I misunderstood you, and my apologies, Your Honor.
Unknown Speaker: Well, you don't like the term malice because for many people it excludes reckless disregard.
So you like to talk about reckless disregard.
Mr. Morgan: Your Honor, all I can tell you, and I have seen it occasionally from the courts, say that it was a poor choice of words, and I say this most respectfully, it's an abomination.
Because I've had situations--
Unknown Speaker: But it's our words.
Mr. Morgan: --But it's a bad word, and it's time to change it.
Because I've had jurors say to me afterwards, well, I didn't see any malice--
Unknown Speaker: Well, in any event we're probably getting off the point.
I'm not sure what interest is protected by saying that there is reckless disregard for the truth by altering the quotation in a way that makes it no more defamatory than, or perhaps even less in Justice Stevens' hypothetical, than the original statement.
What are we protecting there?
Mr. Morgan: --Well, two things.
First, you know, the concern I have here is these words weren't as defamatory or the... as what he said.
They're not equivalent.
And I'll take a moment to show you one.
But the answer is what interests are we protecting?
We're protecting the right of the speaker.
And as you have said before, and it's Virginia Power or something like that that we have quoted in our brief, that the First Amendment protects the communication, the speaker, and the public.
And certainly when we're dealing with quotations, and we're now talking about public figures and public officials, that certainly he has a right under the First Amendment to expect that he will not have a fabricated defamatory quote.
And that's our position.
Unknown Speaker: --Well, I'm not sure that's a good way to put it, to say he has a right under the First Amendment.
The First Amendment applies to the Government.
A politician as opposed... relating to the New Yorker, you're talking about the liability there is based on State libel law.
Mr. Morgan: Except that we are confronted with the First Amendment--
Unknown Speaker: The First Amendment used as a shield.
Mr. Morgan: --That's right, because he's a public figure.
And so therefore, as at least he is labeled as a public figure, and so therefore he has a right under the First Amendment to be quoted as he spoke.
Unknown Speaker: No.
He has no right as against the New Yorker magazine under the First Amendment.
What you mean to say, I think, is that the First Amendment should not prohibit State libel law from giving him that right.
Mr. Morgan: I will accept that, Your Honor.
Let me now--
Unknown Speaker: Under your rule, aren't you going to create serious disincentives to use direct quotes or even to have a tape recorder?
Mr. Morgan: --No.
No, Your Honor.
Direct quotes have been going on as long as we know they've been going on, and if you read all the material, they all tell you exactly the same thing.
Quote what was said exactly, and if you can't, then don't quote that, paraphrase it.
Quote the part that you are satisfied with.
Now please keep in mind, Your Honor, we're not talking about the mistake.
We're not talking about the poor reporter who has to get a quote in a hurry and then is putting it into the hot news.
We're talking about a situation where--
Unknown Speaker: Well, but you are, because you're arguing that every misquote gives rise to an inference of actual malice.
And so the reporter who's in a hurry, or whose tape gets garbled and who relies on memory is then at risk if the person quoted says that isn't exactly what I said.
Mr. Morgan: --At risk, but not liable.
Certainly anytime anybody writes... because again we have still got the reputation to consider.
This is the other side of this tension.
And every time a reporter writes something that is defamatory, certainly there has got to be some at risk so that the reputation is protected.
Unknown Speaker: Excuse me, you wouldn't get by a motion for summary judgment unless, I take it, there was clear and convincing evidence that there was an intentional misquote.
Mr. Morgan: That's right.
Unknown Speaker: Not just clear and convincing evidence of a misquote, but clear and convincing evidence that the misquote was intentional.
You're not--
Mr. Morgan: Absolutely, Your Honor.
If the reporter said look, I did it in a hurry, I thought what I had was right, and I have no other evidence, I lose.
And the chances are I won't bring the lawsuit.
Now, what I would like to talk about is a couple of the quotes so I can dispel any concept that they are the same.
And I want to start first with intellectual gigolo.
And I think it's important to understand now, these... what the writer did was take two different conversations, and if you look in the appendix you will see that one conversation is tape 7, and one conversation is tape 12.
In tape 7 he talks about his affair with a graduate student, and what he says is that you're great... she tells him you're great in the bedroom, but you're a total embarrassment outside.
Now that doesn't fit any definition of intellectual gigolo, nor of any gigolo.
All it shows is a young college kid who is a total embarrassment outside of his bedroom.
Then sometime later there's another conversation in which Mr. Masson is talking about trying to get patients as a psychoanalyst, and he is complaining that, well, nobody will help him.
Nobody will get patients for him.
And he says I was a private asset and a public liability because in their room they enjoyed talking to me, but because I was so junior they would have nothing to do with me outside the room.
That's not a gigolo, and it's not an intellectual gigolo.
Unknown Speaker: --He didn't... he didn't say... he was not quoted to say "I am an intellectual gigolo".
If he was quoted to say "I am an intellectual gigolo", I can understand how that is defamatory.
He was quoted as saying they treated me like an intellectual gigolo.
Mr. Morgan: But it was his words, Your Honor.
Unknown Speaker: --But how is that defamatory?
I guess you argue that defamation is not an issue here?
Mr. Morgan: No--
Unknown Speaker: Can I think it's not defamatory and still find for you in this case?
Because I don't think it's defamatory.
Mr. Morgan: --Of course not, of course not.
Unknown Speaker: I can't?
Mr. Morgan: It has to be defamatory.
Unknown Speaker: Oh.
Mr. Morgan: Otherwise there is no basis for a lawsuit.
But the point is--
Unknown Speaker: How is it defamatory of me that somebody else treated me like an intellectual gigolo?
I don't understand that.
Mr. Morgan: --But it's you who in this fabricated quote is saying,
"I was like an intellectual gigolo. "
and it never occurred.
Unknown Speaker: In context it didn't mean I was like one.
To them I was like an intellectual gigolo.
That is how they treated me.
Yes, I was going to ask you the same question.
It seems to me that a reasonable interpretation of that quote is that Eissler and Anna Freud thought of him as an intellectual gigolo, and he is reporting that.
I mean, that's... that's the sense in which... the fair sense, I think, in which to read that.
And I wanted to ask you, number one, whether I am entitled or we must parse that meaning or whether this is a question for the jury?
Mr. Morgan: That's a question for the jury.
And in California, as you know--
Unknown Speaker: The reasonable interpretation--
Mr. Morgan: --Well, as Your Honor knows, if there are two reasonable interpretations, one defamatory and the other not defamatory, the court will assume it's defamatory.
So we are certainly entitled to that.
But I go the step further that even the fact of Mr. Masson purportedly saying, two of the highest people in the... psychoanalytic world regarded me as an intellectual gigolo, is defamatory, because it is going to expose him to ridicule, humiliation, and obloquy, and it will certainly tend to harm him in his business.
I'd like to take two more, just if I could, and quickly.
The one about I put it on at the end, or I tacked it on at the end.
The only point I want to bring out about that one is the point... the question that supposedly he side-stepped and didn't answer, was never asked of him.
And Ms. Malcolm concedes that.
She said no, I never really did ask him.
That was just my state of mind.
And yet she fabricates a whole conversation.
And yet the court says well, there has been no alteration of the substantive content.
It was a total fabrication.
Now this is when we get back to the Carson case, where in the Carson case they talk about that the writer invented this whole discussion between Mr. Carson and the NBC officials.
This is really no different.
She invented a conversation that never took place.
Now, the Ninth Circuit has said the rule is that it has to be wholly fabricated, and I don't know of any case that really supports a wholly fabricated.
What is the difference whether you fabricate one line of questioning based upon a conversation or based upon something you read in a magazine or a newspaper, as in Carson?
Then I would all--
Unknown Speaker: --Every new... every new decision is for the first time, and every new decision doesn't have any precedent.
So your... but you... so you have to say the court of appeals is just wrong.
Mr. Morgan: --I do.
I've said that.
Unknown Speaker: I know you do, but it won't be because there isn't any precedent.
Mr. Morgan: This is one time I have no hesitation in saying that absolutely, Your Honor.
I would like to also talk about the greatest analyst who ever lived, and again, the Ninth Circuit says this is supported because he made other boastful statements.
He never said, and you can go through all the tapes there, he never once said that the analyst will ever think he is great.
In fact he said just the opposite.
And she knew all of this, and yet she fabricated this quote.
Now, the Ninth Circuit says, well, that's okay, because after all, at another point he said analysis is going to stand or fall with me.
But he points out it's not me, it's the letters I found, the letters that question what Dr. Freud had said or done.
That's the type of statements he made, and he said... there's no question he thought his book was going to do well.
He thought his book was going to be harmful to the profession.
But he said not one analyst will stand up and speak for me.
And yet the quote says they'll say I'm the greatest analyst after Freud, I'm the greatest analyst that ever lived.
And yet not one thing to support it, but the Ninth Circuit says, well, he had boasted on other occasions.
I think the Court can see the great harm that can befall that.
Unknown Speaker: Suppose... suppose what he had said was there is no greater analyst than I other than Freud, and she quotes him as saying I am the greatest analyst ever other than Freud?
Mr. Morgan: Oh, I think there's no problem with that, Your Honor.
Unknown Speaker: Why is there no problem with that?
Mr. Morgan: Because all that has happened--
Unknown Speaker: It's a misquote, right?
Mr. Morgan: --Of course it's a misquote.
Unknown Speaker: And she... let's say she intentionally misquotes it because it takes up less space that way.
Mr. Morgan: Well, I don't think it'll take up less space--
Unknown Speaker: Whatever.
Mr. Morgan: --but all that has happened is--
Unknown Speaker: But she knows, she knows it's a misquote.
Mr. Morgan: --That's right.
But all that's happened is she has changed the words, but they are the same words.
Unknown Speaker: She has changed the words, but they are the same words?
Mr. Morgan: That's right.
She has moved the sequence of them.
Unknown Speaker: That's nice.
She has misquoted him.
Mr. Morgan: That's right.
That's right.
There's no question she has misquoted him.
Unknown Speaker: Now, that has to go to the jury, right?
And you say if under State law there is some incremental doctrine, maybe they won't recover, but a court has to let that go to the jury.
Mr. Morgan: No.
And I'm not saying that, Your Honor.
Unknown Speaker: Well then, why?
Why doesn't it go to the jury?
It is clearly a misquote.
Mr. Morgan: As we put in our brief, and I think it's the same thing.
Supposing he had said I am the greatest analyst, and she wrote he said I am the greatest therapist.
Unknown Speaker: Um-hum.
Mr. Morgan: They're basically the same thing.
No change.
As I understood the question you posed to me--
Unknown Speaker: Is it defamatory in isolation?
Is it a misquote?
Why doesn't it go to the jury then?
Mr. Morgan: --Because the words are the same, except for the one change.
Unknown Speaker: So built into your doctrine then there is some comparative, if indeed her quotation is a fair summary of what he has said then, it shouldn't go to the jury.
Mr. Morgan: Yes.
But it's not--
Unknown Speaker: Right?
Mr. Morgan: --It's not because of incremental damage or incremental harm.
Unknown Speaker: Why?
Mr. Morgan: It's because of the substantial truth doctrine.
Now, you see, we take the position that a quote is no different than a statement of fact.
Let me give you an example, and forgive me for being from California and doing this.
But I can say that the reporter says I saw Nose Tackle Carter run 60 yards for a touchdown.
Or... and then it quotes Nose Tackle Carter as saying well, I lumbered for 61 yards for a touchdown.
That's a substantial truth.
There's nothing really changed there.
That's so different.
Unknown Speaker: Especially if he weighs 315 pounds.
Mr. Morgan: That's right.
That's why I couldn't resist it, Your Honor.
There's no difference.
But then... let me give you one that was in the amicus brief that I think is important.
I make the statement my mother and father never got married.
You write that I make the statement I am a bastard.
Now there's, there's the difference.
Unknown Speaker: What if it's just reversed?
What you said was I am a bastard and he wrote my mother and father never got married?
What do you do with that case?
Mr. Morgan: --Well, that's the Hotchner case.
Unknown Speaker: Well, I don't know the Hotchner case.
What do you do with the case yourself?
Mr. Morgan: Well, I really don't think that you can show any damage there.
And I'm hard pressed with that one, there's no question about it.
Unknown Speaker: It seems to me it was easy when we asked you at the beginning of the argument.
You said it was clearly... would create an inference of malice.
That's exactly the hypothetical I gave you.
Mr. Morgan: That's right.
The inference is still there.
I'm not going to win it.
Unknown Speaker: So it goes to the jury, or does it not go to the jury?
Mr. Morgan: I have a feeling in that one that the court would grant summary judgment, and I don't think any appellate court would--
Unknown Speaker: Well, what if we thought each of these was just like that?
That the real facts, if you read the whole book, are even worse than the intellectual gigolo.
Mr. Morgan: --Your Honor, if--
Unknown Speaker: If we thought that.
I mean--
Mr. Morgan: --I understand.
Unknown Speaker: --what if we read it carefully and we come to that conclusion?
Mr. Morgan: If you thought that the two statements I related were equivalent to Mr. Masson saying I'm an intellectual gigolo, I'll pack my bags and leave now, you know, because--
Unknown Speaker: Well, but it's a question of your theory.
It seems to me you're giving away your theory.
I had thought that the fact that it is reported someone says something about himself is indicative of hypocrisy, and it's an altogether different formulation than if someone makes that same statement as a third person.
But you seem to be giving that away.
Mr. Morgan: --Well, if I am, I'm getting weary then, because I don't intend to give that away.
But certainly in that situation that Justice Stevens propounded, I have difficulty with ultimately winning it, is what I'm trying to say.
I still say we're entitled to the inference of malice.
Unknown Speaker: Aren't you saying two things?
Aren't you saying, number one, that a misquotation or the fact of misquotation, in and of itself, is competent evidence of malice?
Whether the question of malice goes to the jury depends on what else there is in addition to the evidence of the misquotation.
Mr. Morgan: Absolutely, Your Honor.
Unknown Speaker: If the misquotation in fact, as you said a moment ago to Justice Stevens, could not give rise to and... could not be a predicate for damage, then in fact you're really saying on that particular misquotation in the context of the actual misquote no reasonable juror could infer malice from it.
Isn't that all you're saying?
Mr. Morgan: Absolutely, Your Honor.
And I want to sit down now, because I want to save a few minutes.
Thank you.
Unknown Speaker: Thank you, Mr. Morgan.
Mr. Farr, we'll hear from you.
Argument of H. Bartow Farr, III
Mr. Farr: Mr. Chief Justice, and may it please the Court:
In briefly setting out our position at the outset, I'd like to begin with what I think is an obvious point: that libel law is not concerned with misquotation for its own sake or with setting journalistic standards.
What libel law is concerned with is misrepresentations of substance with a defamatory gist of things.
Unknown Speaker: Are you talking about the 50... the laws... the libel laws of the different States now?
Mr. Farr: In general, that's correct.
All the libel laws.
Unknown Speaker: You feel you can make that sort of generalization?
Mr. Farr: Yes.
I think all libel laws at bottom are concerned with misrepresentations of substance.
Under the balance struck by New York Times v. Sullivan and later cases, the First Amendment gives way only when a writer knows or reasonably suspects or recklessly disregards that the defamatory gist is false.
That's the same rule for all libel cases, whether they involve quotations or not, and that's simply the point we're trying to make here.
The First Amendment protects a writer accused of misquotation unless the plaintiff can show that the writer strongly suspected that he was misrepresenting the gist of what was said.
Unknown Speaker: So if I'm running in an election campaign and I... and my opponent accuses me of being a racist on the basis of some substantive positions I take, and it's arguable.
I mean, it's a reasonable thing to say those positions could be based upon somebody's being a racist.
It is perfectly okay and not actionable if a reporter who happens to buy into that theory quotes me as saying yes, I am a racist?
There's no... there's no action available for that?
Mr. Farr: If I understand the hypothetical, Justice Scalia, I don't think--
Unknown Speaker: A reasonable person could think, on the basis of my actions and on the basis of my other statements, that I am a racist.
And that's what the political debate would be about.
I deny it; they say it's true.
This reporter believes it, and therefore this reporter is permitted to write about me, Scalia said
"Yes, I am a racist. "
Mr. Farr: --Justice Scalia, I think, as I say, if I understand the hypothetical, that that reflects an exaggeration of the position that I am trying to make.
I think, quite frankly, the same exaggeration that Judge Kozinski made below.
What... the point that I am making--
Unknown Speaker: It's my hypothetical.
What is--
Mr. Farr: --Well, let me explain that point that I am trying to make, if I may.
Unknown Speaker: All right.
Mr. Farr: The point that I am trying to make is that the inquiry is into whether the writer is knowingly misrepresenting something that was said, the substance of something that was said.
Not somebody's character in general, not their views on other issues that they were not talking about, but a... the particular subject matter that was talked about and the views expressed by the speaker on that subject matter.
If there is no knowing misrepresentation, thus limited, then it seems to me that no more than there would be if there was a direct paraphrase do you have any situation where the writer is knowingly misrepresenting the defamatory gist of what is being said.
Unknown Speaker: So you say that a false statement by a reporter in an article, such as Mr. Masson said this when he in fact did not say it, is... cannot form any basis for inferring malice?
Mr. Farr: No, Mr. Chief Justice, I don't mean to say that.
What I am saying is that simply showing that there may be knowledge of different words is not itself all you need to prove malice.
Unknown Speaker: Well, it may... but could it go to the jury as evidence of malice?
Mr. Farr: It would depend on the particular circumstance.
There may be circumstances in which a reporter accused of misquotation, where the form of the accusation and the materials about what was actually said would support an inference of knowing--
Unknown Speaker: What about Justice Scalia's hypothetical?
Mr. Farr: --If I understand his hypothetical--
Unknown Speaker: Yes, I am a racist is the false quote.
Mr. Farr: --I do not understand... I do not understand that there is something particular that has been said in that case that is being represented by the reporter.
Unknown Speaker: Well, I would suggest that the very, that the very circumstance that someone makes an admission of that sort, allegedly, is itself a fact that is being highly misrepresented.
It's false.
Mr. Farr: If he has made an admission, if... again, maybe I'm not clear on the hypothetical.
What I am understanding you to say is that somebody is drawing an inference about character and simply inventing a quote based on that idea of character.
If you say things... for example, if you say I have a strong prejudice against a particular racial group, and someone, and you are quoted as saying that you are a racist with regard to that particular group, then it seems to me the question is not, well, does that settle the malice inquiry just because the words are different and you can make an accusation that the reporter knew the words were different.
The malice inquiry then turns to the question is there sufficient evidence from that alone, or even combined with other evidence, as Justice Souter suggests, that the writer was knowingly misrepresenting the substance of what you said.
Unknown Speaker: Mr. Farr, why should it be that way?
Why should... why should an intentional alteration of my words be at my risk?
Why shouldn't the rule be if you want to... knowingly.
You have to know that you are changing them.
If it's a good-faith mistake, that's something different.
But you know that you are not using my real words.
Why should... why should I be at risk?
It seems to me you should be at risk, if in fact, if in fact it misrepresents me, even if you don't think it does.
That's your tough luck.
You should have quoted me exactly.
Then you would have been sure not to be liable.
But if in fact, though you think it doesn't misrepresent me, it does misrepresent me, why shouldn't you bear that burden?
Mr. Farr: Well, first of all I think that there are two parts to the answer.
The first part, which is the sort of legal analysis, is that I think that creates a separate malice rule for quotations as opposed to other ways of describing what somebody says, such as paraphrases, which focuses on one particular kind of falsity and not the same falsity that is the gist of the--
Unknown Speaker: I don't think so.
If, for misquotation, as for everything else, you must know that what you wrote is not true.
Mr. Farr: --The question, though, is what exactly is the gist of the action?
What is the core of the action?
The falsity you were talking about is simply a falsity of words.
You cannot win a libel action, you cannot bring an action, you cannot base an action for defamation on simply saying the words are different.
Unknown Speaker: But the--
Mr. Farr: The falsity you must show is something different.
Unknown Speaker: --But this falsity of the gist is something that you have urged, but I don't know that our cases support it.
Mr. Farr: Mr. Chief Justice, I believe they do.
That certainly California law, in order to bring an action, and I'm talking about now the interest that they are pursuing--
Unknown Speaker: But we don't have any question of California law before us.
Mr. Farr: --Well, it is the California law that is intersecting with the First Amendment in this case, so there... that's correct, you don't have to decide California law, but that is what the California law represents.
But if I could return to the second point I was going to make to Justice Scalia, what I suggest you're doing in saying any time you knowingly change words to the press, now you are assuming the risk.
You essentially at this point have strict liability for anything that you do if it turns out to change the meaning--
Unknown Speaker: Well, I think the question is a little different.
If the writer entirely fabricates the language, it's not a misquote, it's an entire fabrication to say that Mr. X said I am a racist.
That isn't what Mr. X said at all.
Mr. Farr: --Well, Justice O'Connor--
Unknown Speaker: And a quote is fabricated to that effect, which under State law would be regarded as defamatory.
Now, is that fact of the fabrication of the quote something that raises an inference of actual malice?
Mr. Farr: --The accusation by itself, I think, does not.
Let me suggest that the difference between--
Unknown Speaker: The quote.
The intentional writing of that quoted language, knowing that it was not said.
Mr. Farr: --I think it does not by itself raise the inference of malice as I believe it is correctly interpreted.
And let me give you an example of what I mean from this case.
In his complaint, and this is at page 260, this was the original complaint, petitioner alleged that he had been quoted as saying analysis stands or falls with me now.
This is at page... at the bottom of page 260.
And he says in truth Masson never said such.
So he is accusing Janet Malcolm of a total fabrication with this quote.
Now, fortunately, it turned out that we had absolute evidence of this quote because this quote was on the tape, that he said exactly these same words.
But let us assume for a minute that we were in the posture we are with several of the quotes that are still at issue here, that all that we had was notes representing the substance of this quote.
He would be saying right now that he is entitled to go to the jury, simply based on his denial of those words, even though in fact we have undisputed evidence that on that particular subject about his place in psychoanalysis he said not only analysis stands or falls with me now, but we also have evidence that he said substantially equivalent things.
I suggest that looking at that evidence, which we would not be able to look at under petitioner's rule, negates any inference that the writer could have knowingly been trying to misrepresent the substance of his views on that particular subject.
Unknown Speaker: Why don't you get to look at the evidence on the question of damage?
Mr. Farr: It is... well--
Unknown Speaker: The evidence would come in on the subject of damage.
Mr. Farr: --It might.
But I'm saying on the subject of malice, I believe it ought to come in on the subject of malice.
Because what... the balance I believe struck by New York Times v. Sullivan between State libel law and the First Amendment is one that looks at knowingly misrepresenting substance, not simply knowingly misrepresenting words.
And his rule essentially would take that case that I just used, based on an accusation of misquotation, and move that case to the jury.
Unknown Speaker: You have no... I mean, I don't see this distinction between knowingly misrepresenting substance and knowingly misrepresenting words.
It is knowingly misrepresenting substance to say that I said something which you know I did not say.
The substance is did I say it.
I did not say it.
Mr. Farr: It is knowingly... I mean, in that hypothetical case where the writer in fact is proved to have known of the misrepresentation it, arguably I suppose, could be said to be substance, but not defamatory substance.
That's what I'm saying.
That is what the actual malice test in every other circumstance focuses on.
If I can use an example of a paraphrase, let's say that instead... take the particular quotes here, anyone you want.
Sex, women, fun, perhaps.
Let's say that the sentence read exactly the same way it reads now, except instead of using... putting quotation marks around the word sex, women, fun, it was a paraphrase that said Jeffrey Masson said that if he lived in the Freud house in London he would turn it into a place of sex, women, fun.
No quotation marks.
The standard for evaluating actual malice in that case, with the paraphrase, would be did the writer knowingly change the defamatory substance of that statement.
And given other statements on exactly the same subject, not things showing his character generally, but on exactly that same subject, what would he do if he lived at the Freud house in London, it's clear there would be no misrepresentation--
Unknown Speaker: No, I don't think your point... your point of view makes enough allowance for the fact that putting words in someone's mouth as having said it themselves can hit a lot harder than having some third person describe what they think the person said.
Mr. Farr: --Justice Rehnquist, I think that is true, but perhaps less true than it seems at first blush.
I think that usually the most potent effect out of attributing something to a speaker is that you are attributing the content of what he says to the speaker, that he says something derogatory about someone else.
It's not normally the particular choice of words.
Unknown Speaker: No, what makes the difference, Mr. Farr, is that you, as the writer, you take yourself out of the picture.
When I read a statement he said that, and it's under, it's over your byline, I say well, that's Farr's interpretation of it.
But when you said he said, quote, then I say, gee, that's... he said that.
That's not... Farr is out of the picture now.
This is what the individual said.
That is a big difference.
I no longer make allowances for your erroneous judgment.
You are asking me to eliminate any possibility of your erroneous judgment.
You're saying this is what he said, quote.
Mr. Farr: But the question, as I understood the Chief Justice to ask it, isn't the fact that words are attributed to somebody much more powerful.
That is the idea of a quote.
I think there are two different circumstances that have to be compared and kept in mind.
First of all, the words are attributed to him, but other words could be attributed to him, let's say undisputedly, that would have the same power.
So, for example let's say, instead of saying sex, women, fun with regard to how he would conduct himself at the Freud house, he was quoted as saying myself and another psychoanalyst would pass women around to each other and we would have a wonderful time and we would... we would open it up--
Unknown Speaker: It would show he didn't know how to use the word "myself".
Mr. Farr: --Well, I can't lay that on him.
I think it shows I don't know how to use it.
But in any event, I think the power of the sentence would be from the content of the sentence in that particular case, and the fact that he holds those views, that's what in fact he would do if he went into something that is now a place of scholarship.
The particular choice of words in that particular situation wouldn't make any difference.
There may be situations where a paraphrase would be different from a quote, because depending on the nature of the paraphrase it would put a filter in there.
And there may... excuse me--
Unknown Speaker: Mr. Farr, you said... suppose the writer, as you've just suggested, would write and say he said wine, women, and song.
And he got sued for it.
Now, the plaintiff's burden of proving falsity would go no farther than proving that he didn't say that.
Mr. Farr: --His... under the plaintiff's theory here--
Unknown Speaker: Yeah.
He says I'm suing you because you said I said something that I did not.
I don't care whether it's in quotation marks or not.
I didn't say that, and I'm going to... and his burden... he's suing because you misrepresented what he said.
And his burden or proving falsity will go only to proving that he didn't say it.
Mr. Farr: --His burden--
Unknown Speaker: He wouldn't have to prove the falsity of the content.
Mr. Farr: --Justice White, I believe he would.
If I understand your question--
Unknown Speaker: You mean he would... he really wouldn't... he really wouldn't, if he had that house, do what he was... what the reporter said he would?
Mr. Farr: --I'm sorry.
He would have the burden of proving both that he would not do that, and that the reporter knew that he would not do that.
Unknown Speaker: You think he would have to prove that?
But he is only suing because he has... he has been misquoted.
He's going to claim that that's--
Mr. Farr: I'm sorry.
Excuse me, I've misunderstood.
I don't think he has to prove what his conduct actually would be in the Freud house.
Unknown Speaker: --Exactly.
Mr. Farr: I'm sorry, if that's what you're saying.
Unknown Speaker: Exactly.
Mr. Farr: But what he would have to do if he sued... let's say under my... under the hypothetical I was using, if he did sue and say this misrepresents what I said about what I would do, he would have to show that he did not in substance say that.
That's what he would have to do.
And he would... his malice inquiry would turn on that substance, not simply on whether there was a difference in the words.
Unknown Speaker: But Mr. Farr, we have here self valuative statements or alleged statements, greatest analyst, honorable man, intellectual gigolo.
Now, these are quotations of a markedly different character if they are attributed to one's self.
It's far different if someone says I am a racist than for a third person to say he is a racist.
That's far different.
Mr. Farr: That's correct, and I don't dispute that.
We are not suggesting, Justice Kennedy, that in determining whether there has been a knowing misrepresentation of the substance of what someone has said, that you could use words said by somebody else about him as part of the question as to whether there was a knowing misrepresentation of substance.
What I am suggesting... perhaps it would be helpful at least if I indicated what I think the proper way to go about the inquiry is, because I think it will show that we're not, for example, talking about as broad a theory as I think were attributed to us.
The... it seems to me that when someone accuses a reporter of misquotation, that the proper malice inquiry is to look at the substance of all of the things that the person has said, particularly to that reporter, on the subject.
Then you would take the disputed parts, because I'm assuming we're at the summary judgment stage, the disputed parts and the undisputed parts, and make a comparison between them.
If, based on that comparison, one could draw a conclusion that the addition of the disputed words will carry an inference that there is a knowing change in the overall substance of what he said, then it seems to me that you could draw an inference of actual malice.
Unknown Speaker: To put it differently, if a reasonable person could have given the words that interpretation, even though another reasonable person might not have given them that interpretation, putting it in quotation marks is okay, right?
All it has to do is be a... a reasonable interpretation of the words, right?
And there would be no liability then, so long as it's one of many reasonable interpretations, to put it in quotes?
Mr. Farr: I don't mean to be ironical, but I don't think that's a reasonable interpretation of what I said.
Unknown Speaker: I thought that that's what... but I thought that's what the test is.
Wouldn't you have to show that... to show malice don't you have to have knowing distortion?
Mr. Farr: You do have to have knowing distortion, but I don't understand why the mere rational interpretation test would necessarily protect you from that.
It might in some cases.
Unknown Speaker: How could I show knowing distortion if that is one of several reasonable interpretations of the words?
I... how could I possibly prove knowing distortion?
It's not the only interpretation, but it is one of several reasonable ones.
Mr. Farr: Well, I mean, I suppose I guess it depends on the other issues.
I mean, it seems to me that the basic test, as I say, is whether there is a, sufficient evidence of a knowing misrepresentation of substance.
I think that's what the proper inquiry should be.
Unknown Speaker: Could a... in the eyes of a reasonable juror?
Mr. Farr: Pardon me?
Unknown Speaker: In the eyes of a reasonable juror?
Mr. Farr: That's correct, if we're talking about the summary judgment stage, that's correct.
Unknown Speaker: Mr. Farr, in this case if we take your test to take all of the substance of what was actually said and compare it to all of the substance of what was quoted, are the use of quote... is the use of quote marks one of the factors that we may take into consideration?
Mr. Farr: Again, if I understand the question, I think it would be.
I would think... let me take an example so that at least what I am thinking of may become clearer.
If... there are cases, I believe, where a choice of words would be so out of character for the plaintiff or would reflect so differently on his character than the content of what was being said, that there may be an additional defamatory gist out of that word, that choice of word itself, the type of sort of trivial example, I guess, that occurs to me is a parson swearing.
Unknown Speaker: But Mr. Farr, you're giving us an example of what would constitute clear and convincing evidence of malice.
It seems to me there are two separate questions.
One is whether every misquote is competent evidence of malice, as Justice... Souter points out.
And it would seem to me that the mere fact that there is a misquote and they knew it, that's some evidence.
Maybe it's not strong enough to go to the jury or clear and convincing.
But then the second case is whether, is it strong enough to constitute clear and convincing evidence.
I think you're arguing that it's no evidence at all.
Mr. Farr: Justice Stevens, I don't mean that to be the argument.
What... perhaps I can be clearer by saying I agree with both parts of what you say.
What I am emphasizing, I suppose, with regard to the first part is that it is important, I think, to understand what the inquiry is, what it is that we are looking at the words for.
And that is all I'm saying.
I think that the purpose of looking at the words is to determine whether there is a knowing misrepresentation of what I keep calling the gist.
The fact that there is a difference in words by itself, if you don't connect it to that other inquiry, I think means nothing.
I think once you connect it to that other inquiry, then I think it is relevant.
Unknown Speaker: Well, you can't say it means nothing if it's admissible competent evidence.
It's just not sufficient.
I don't think you can correctly say it means nothing.
The very fact of misquotation means something.
Your opponent concedes that there are lots of misquotations that are not sufficient to go to the jury.
So I don't... I'm not sure you don't... couldn't really agree on that and not decide this case.
That it certainly is competent evidence, I would think, to show that the quote was different from what was actually said.
But that's very different from the example of saying I am a racist, and he never said anything.
Mr. Farr: All right.
Perhaps I stand corrected.
I think I see a distinction there, but I don't feel that I need to defend that distinction to answer the point you're making.
Unknown Speaker: May I... I'm sorry, I didn't mean to interrupt you.
Mr. Farr: Of course, Justice.
Unknown Speaker: May I try the distinction?
It seems to me in your argument you have posited three different kinds of situations, or we all have, I guess.
Number one, you got a third person quote and a misquote attributed to a third person.
You got a first person quote and a misquote attributed to the first person.
And the third example is you've got a third person quote, or at least third person evidence, and you misattribute that by means of a first person quote.
If I understand you, you're saying that when we've got simply the misquotation as between two third parties, the mere fact of the misquotation may be, as I was trying to say, competent evidence of malice, but it is not sufficient in and of itself as an abstract matter to rise to the level of clear and convincing evidence of malice.
Is that a fair statement?
Mr. Farr: Depending perhaps on the amount of difference, but generally that is correct.
Unknown Speaker: Right.
Likewise, you have been arguing, I think, that when there are, when we're talking about differences between two first person quotes, you're saying, I think you're conceding again yes, a misquotation can be some evidence of malice, but it is not enough to go to a jury because unless it is just an absolutely egregious example that totally changes the substance it could not rise to the level of clear and convincing.
Mr. Farr: That is correct.
Unknown Speaker: Justice Scalia's example is the third person quote, or we'll say just the non-first person evidence, which is suddenly placed by means of a misquotation into a... into a statement in quotes attributed to the first person.
His argument was when that statement, misattributed to the first person, is defamatory, isn't that enough in and of itself to constitute sufficient evidence for a clear and convincing finding?
What is your answer to that?
Mr. Farr: Um, I guess I'm not--
Unknown Speaker: And take his example.
I am a racist, when he never said he was a racist.
Isn't that sufficient to go to the jury in and of itself as clear and convincing?
Mr. Farr: --I may be having more difficulty than I should in keeping the categories apart.
At least what I'm thinking of as I understand that, Justice Scalia's quotation... I mean hypothetical... is more the second situation.
I mean, at least that's what I think we are dealing with in this case, is the situation of first person quotations.
I don't see in this case a situation where the person being quoted has not addressed the subject of any of the quotes we're talking about here.
He clearly discussed what he would do at the Freud house.
He clearly discussed how Anna Freud and Dr. Eissler viewed him.
He clearly discussed the other things that are being presented.
So it does not seem to me here that you have a situation where you are reaching out to something and saying I am going to bring in substance from somewhere else and attribute it to this person.
What it seems to me this case involves is the case where the reporter says I am dealing with the views of Jeffrey Masson on this subject, here is what I represent him as having said.
Jeffrey Masson, like many plaintiffs, claims he was misquoted.
And I believe the right inquiry is, on the actual malice standard in that case, is there clear and convincing evidence that by representing what he said on this subject or these subjects the writer was knowingly trying to misrepresent what he in fact said.
And all I am saying is that--
Unknown Speaker: And it's your position that if not, if the writer knowingly misquoted but thought that in the writer's opinion that was a fair representation of what the person said, there's no remedy on the part of the person who is putting quotation marks?
Mr. Farr: --But libel law does not provide that remedy, Your Honor.
I am saying that that is the balance struck in New York Times v. Sullivan between knowing misrepresentation of substance and the law of libel of the various States.
Unknown Speaker: New York Times v. Sullivan had absent a knowing... one knowing lie, namely the lie that the person actually said that.
That is a lie.
What New York Times said is if you did not have any knowing lie at all, you thought everything you said was the truth, then there cannot be a remedy under the First Amendment.
But here you do have one unquestionable lie.
You know that that quote was not uttered.
Mr. Farr: Well, let me back up a step.
But New York Times v. Sullivan also said, of course, that threat of sanctions in many cases is almost as chilling as the sanctions themselves.
Here you have the threat of that coming out of any accusation of misquotation, the issue of whether it's deliberate or not simply is part of the accusation.
Unknown Speaker: Thank you, Mr. Farr.
Mr. Morgan, do you have rebuttal?
You have 2 minutes remaining.
Rebuttal of Charles Morgan, Jr.
Mr. Morgan: All I need is a minute, Your Honor.
Following up on that subject, the knowing lie creates the inference of malice.
The question of the substance--
Unknown Speaker: Does it create clear and convincing evidence of malice in every case?
Mr. Morgan: --Yes, sir.
Unknown Speaker: Will you--
Mr. Morgan: I don't want to go through that because I haven't got that much time.
But what I wanted to add was the next step is the element of damage.
The substance argument comes only into the element of damage.
Now again, the knowing lie that's defamatory--
Unknown Speaker: --But even in your 80-yard run case it's clear and convincing evidence of malice?
Mr. Morgan: --No, that's right.
Unknown Speaker: All right, then you don't mean what you said.
Mr. Morgan: Right.
Thank you, Your Honor.
Chief Justice Rehnquist: Thank you, Mr. Morgan.
The case is submitted.
Unknown Speaker: The honorable Court is now adjourned until tomorrow at 10 o'clock.
Argument of Speaker
Mr. Farr: The opinion of the Court in No. 89-1799, Masson against New Yorker Magazine will be announced by Justice Kennedy.
Argument of Justice Kennedy
Mr. Kennedy: This case, Masson versus New Yorker Magazine comes before us on a writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
Jeffrey Masson was a scholar who turned to the study of psychoanalysis.
He became project's director on the staff of the Sigmund Freud Archives.
Disagreements arose and he was terminated.
Masson's own story and the whole background of the dispute were of sufficient interest to Janet Malcolm, an author, that she wrote an article about Masson and about the Archives.
She wrote the article after a series of interviews with Masson, many of which were tape recorded.
The article was published first as a series in the New Yorker Magazine, and then as a book.
Her work received complimentary reviews, and this gave little joy to Masson, however, for the articles portrayed him in the most unflattering light.
Masson sued Malcolm, the New Yorker Magazine, and the book publisher for defamation.
Malcolm's narrative device consists of enclosing lengthily passages in quotation marks.
According to Masson, a member of the key passages in the article that purport to quote him were fabrications, attributing to him words he never spoke.
His position in the litigation has been that Malcolm's alteration of the quotations show the actual malice that is necessary for him to take his case to a jury.
He conceives he is a public figure in the case so he must need the actual malice standard.
Actual malice is a shorthand term, a term of art we use, perhaps it is an unfortunate phrase.
It does not indicate ill will or animosity.
It means, in the context of a defamation suit, that a statement is made with knowledge of falsity or with reckless disregard for truth or falsity.
Both the District Court and the United States Court of Appeals for the Ninth Circuit ruled that Masson had not shown actual malice in this sense because the quotations were irrational interpretation of the things that Masson had said.
We granted certiorari and we now reverse.
This case comes to us after a summary judgment was granted, so we must assume that Malcolm acted with the required mental state and that the quotations were in fact altered.
Masson must still prove these matters, and the questions whether he can prevail if he does so.
In some sense, any alteration of a verbatim quotation is false, but writers and reporters by necessity alter what people say at the very least to eliminate grammatical or syntactical infelicities.
If every alteration constituted the falsity required to prove actual malice, the practice of journalism would require a radical change, when inconsistent with our precedents and First Amendment principles.
We reject the idea that any alteration beyond correction of grammar or syntax by a self-proof falsity in the sense relevant to determining actual malice, technical distinctions between correcting grammar and syntax and some greater level of alteration do not appear workable.
We can think of no method by which courts or juries would draw the line between these and other changes except by reference to the meaning a statement conveys to a reasonable reader.
On the other hand, we also reject the Court of Appeals' views of our cases that any rational interpretation of an ambiguous statement is permitted when quotation marks are used.
Quotation marks used in an orthodox manner indicate to the reader that the author is not interpreting the speaker's ambiguous statement but is attempting to convey what the speaker said.
Were we to assess quotations under a rational interpretation standard, we would give journalists the freedom to place statements in their subject's mouths without fear of liability.
By eliminating any method of distinguishing between the statement of the subject and the interpretation of the author, we would diminish the trustworthiness of the printed word and eliminate any real meaning of quotations.
In order to prove falsity, we require that an altered statement convey a materially different meaning to the reader than the actual statement.
This is the sense in which falsity is understood in the common law of defamation and the First Amendment actual malice requirement relies upon this historical understanding.
Quotation marks allow the reader to form his or her conclusions, and to assess the conclusions of the author instead of relying entirely upon the author's characterization of her subject.
Fabricating quotation may injure reputation in at least two senses, either one giving rise to a conceivable claim in defamation.
First, the quotation might injure because it attributes an untrue factual assertion to the speaker.
An example would be a fabricated quotation by a public official admitting that he had been convicted of a serious crime when in fact he had not been.
Second, regardless of the truth or falsity of the factual matters asserted within the quoted statement, the attribution may result an injury to reputation because the manner of expression or even the fact that the statement was made indicates a negative personal trait or an attitude the speaker does not hold.
John Lennon was once quoted as saying of the Beatles "We are more popular than Jesus Christ now."
Supposing the quotation had been a fabrication, it appears California law could permit recovery for defamation because even without regard to the truth of the underlying assertion, false attribution of the statement could have injured his reputation.
The self-condemnatory quotation may carry more force than criticism by another.
It is against self-interest to admit one's own criminal liability, arrogance, or lack of integrity and so all the more easy to credit when it happens.
The principle underlies the elemental rule of evidence which is that admissions are allowed in evidence despite their hearsay character.
Applying these standards to the case before us, we conclude that many of the statements of which petitioner complains, do in fact convey a substantially different meaning than the tape recorded statements, and therefore, evidence to requisite falsity.
The Court of Appeals did not have occasion to address petitioner's arguments that the two publishers might be held liable either as Malcolm's employer or because they publish with knowledge or reckless disregard of falsity, we decline to address those arguments in the first instance.
Justice White has filed an opinion concurring in part and dissenting in part in which Justice Scalia joins.


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Total Improvement Expo At The Amarillo Civic Center Saturday, January 19th
Mix 94.1 Playlist – January 2013 Tops Songs
Thank you for listening to Mix 94.1, here you will find a list of some of the songs you will be hearing on Mix this month.
Best Christmas Movies To Watch On Suddenlink Videos On Demand During The Holiday Season [SPONSORED]
The holidays are a super nostalgic time of year for me. It takes me back to a time when things were so much more simple.
Watching classic Christmas shows and movies asking with all of the new favorites really gets me in the Christmas spirit.
Get A Message From Santa Claus
Mix 94.1 has your children's Christmas on their mind! So much so that they have gotten a direct line to Santa Claus himself. So, get ready for some holiday cheer directly from the big man in red!
Great Winter Vacation Packages A Short Drive From Amarillo
Many people take their vacations during the summer months, but if you're like me, the winter months offer the best vacations. Sure, getting out to the lake and fishing for a week is nice and relaxing, but nothing beats getting up to the mountains and barricading yourself in a cabin after a day snowboarding on a beautiful mountain.
Gadget Alert – Suddenlink To Offer Tivo Stream Just In Time For The Holidays [SPONSORED]
If you are anything like me, I count the seconds until I get the latest gadget in my hand.
Mix 94.1 Playlist – December 2012 Tops Songs
Thank you for listening to Mix 94.1, here you will find a list of some of the songs you will be hearing on Mix this month.
Local Christmas Gift Ideas In Amarillo
Picking that perfect gift can be a challenge at times. It depends on who you are buying for, what their preferences are, and what's available in Amarillo.
Amarillo Globe News Charges For Using Website – Other News Outlets Begin To See Traffic Increase
Amarillo Globe News has implemented a 'paywall' on their news website. Amarillo.com will now start charging a fee to view the site after you reach the limit of pages that they have set.
How To Whitening Your Teeth And Do It Right
Television is packed with commercials touting the newest teeth whitening toothpastes and kits. But are these really the most effective way to get your teeth whitened and do it properly?
How To Make The Perfect Stuffing For Thanksgiving [VIDEO]
Thanksgiving is just a couple weeks away! Can you believe it? It's almost time to clear out the living room and break out the TV trays to make room for all of you and your extended family.
Colorado Legalizes Recreational Marijuana – Maine & Maryland Legalize Gay Marriage
During last night's election, there was more than just 'who's going to lead our country' on the ballot. Colorado citizens voted on the legalization of recreational marijuana, while Maine and Maryland voted on legalizing gay marriage.


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Coverage: CBS
1:00 PM ET, October 28, 2007
Edward Jones Dome, Saint Louis, MO
Top Performers
Passing: M. Bulger (STL) - 310 YDS, 1 TD, 1 INT
Rushing: J. Lewis (CLE) - 17 CAR, 61 YDS
Receiving: B. Edwards (CLE) - 8 REC, 117 YDS, 2 TD
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Dog Needs a Walk? There's an App for That
July 6, 2015
The examination was ordered after a defense witness in Oscar Pistorius's murder trial testified that the athlete had a generalized anxiety disorder.
A judge ordered a 30-day assessment of the South African track star Oscar Pistorius to determine whether mental illness played a role when he shot and killed his girlfriend.
The move by the prosecutor Gerrie Nel followed defense testimony that Oscar Pistorius, accused of murdering his girlfriend, has "general anxiety disorder."
For some of the mentally ill, the only place to get medical treatment these days is behind bars.
Law enforcement is often powerless when it comes to keeping firearms out of the hands of people who are mentally ill, an unresolved issue in the debate over the Second Amendment.
Royce White urged the N.B.A. to establish a mental health protocol after he was diagnosed with an anxiety disorder, and though he was waived, he says he is ready to get back in the game.
The profession needs to promote its empirically supported methods.
A 2008 law was supposed to make it easier for mental health patients to get treatment, but without clear rules, insurance companies are often reluctant to pay the bill.
Marvin Tolkin was 83 when he decided that the unexamined life wasn't worth living. Until then, it had never occurred to him that there might be emotional "issues" he wanted to explore with a counselor. "I don't think I ever needed therapy," said...
A study has shown that pilots of drone aircraft experience mental health problems much like those of pilots who are deployed to war.


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Art Center alums pay tribute to mentor Helmut Newton
Story | Jun 10, 2012
Art Center alums pay tribute to mentor Helmut Newton
Story | Jun 10, 2012
Lillian Bassman dies at 94; renowned fashion photographer
Story | Feb 15, 2012
Fashion News: Oscar nominee Viola Davis sits with Anna Wintour
Story | Feb 15, 2012
Oscar nominee Viola Davis sat between Vogue's Anna Wintour and Andre Leon Talley at Vera Wang's show. Meanwhile Vogue is taking heat for enhancing its cover photo of Adele, and Lana Del Rey plans to attend the Met Gala.
Fashion: Giles Deacon out at Ungaro. Kendall Jenner's runway debut.
Story | Sep 16, 2011
Giles Deacon becomes sixth designer in six years to leave Emanuel Ungaro (which famously hired Lindsay Lohan a few seasons back). And Kardashian sibling Kendall Jenner made her runway debut at New York Fashion Week.


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Frymaster / Dean SR42LP DescriptionSKU: 006-SR42LP
Prepare a wide variety of fried food items with Dean's Frymaster commercial deep fryers. With Dean's exclusive Thermo-Tube design, the heating tubes are surrounded by oil, and heat absorption is maximized with controlled flow tube diffusers.
Through simplicity of design, the Frymaster gas fryer utilizes 35-46 lbs of oil per chamber allowing you to crank out pounds of delicious fried food with optimum cooking efficiency. The Dean Frymaster comes standard with stainless steel front, door and back splash cover making up an overall flawless design. The frying area will accommodate small to large menu items for your convenience. Keeping maintenance to a minimum, Frymaster deep fryers are made with durable stainless steel diffusers and rugged cast iron burners. You'll see this is an exceptional example of engineering done right!
Combine more efficiency with more capacity in this all-purpose, affordable fryer. The full size 14-in x 14-in fry area easily accommodates items from French fries to large size menu selections. With the exclusive Thermo-Tube design, the heating tubes are surrounded by oil, and heat absorption is maximized with controlled flow tube diffusers. The energy is forced into the oil with less going unused up the vent. 1-in drain valve makes cleaning fast and easy. Utilizes only 35-43 lbs. of oil for optimum cooking efficiency. Dean's cool zone design reduces wasteful oil deterioration by trapping debris under the cooking area, preventing carbonization of particles and oil contamination.
Dean's accurate mechanical thermostat eliminates time lost in waiting between loads and requires no electrical hookup. Dean Fryers achieve long and dependable life through simplicity of design - durable stainless steel diffusers and rugged cast iron burners keep maintenance to a minimum. Shipped standard with stainless steel front, door, back-splash/flue cover and enamel sides.
Super Runner LP Gas Value Fryer, tube-type design, 43-lb oil capacity, durable temperature probe, 14" x 14" x 3-7/8" fry area, basket hanger, twin baskets, stainless steel frypot, front & door, aluminized sides, 6" steel legs with 1" adjustment, 105,000 BTU, CSA, NSF, CE
*The warranty will not be honored for residential or non-commercial use of any Commercial Equipment.
Frymaster / Dean SR42LP SpecificationsPDF Spec Sheet
|Frymaster / Dean
|Commercial Restaurant Fryers
|Pot Size (lbs)
|30 - 50
|Pot Style
|Tube Type
|Floor Model
Frymaster / Dean SR42LP Customer Reviews
Eddie the brit said...
"it frys my fish just right"
Frymaster / Dean SR42LP Customer Reviews
"it frys my fish just right"


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See also
Providenciales Snorkelling Cruises and
Turks and Caicos Snorkelling.
Providenciales offers some great snorkelling right from the beach. Generally, the best snorkelling reefs are off the north coast, but there are quite a few interesting sites elsewhere as well. See detailed information on the main locations below. If your schedule allows, it's worth waiting for calm and sunny conditions as your snorkelling experience will be more enjoyable.
Many of the water sports and gift shops in Grace Bay sell snorkelling gear, and prices range from approximately $30 for a basic quality mask, snorkel and fins, to $70-100 for a high-quality set. We recommend visiting one of the dive shops to get the best selection and advice on gear and fitment. Snorkelling gear is also available for rent from most dive shops and at the
Snuba stand at
The Bight Reef.
All of the snorkelling sites listed here are in
national parks and it is illegal to fish or collect conch and lobster. Penalties can be harsh, especially for foreigners.
Power boats and reckless operators are the biggest danger to snorkellers. Although all of the snorkelling sites we list are in national parks with regulations on vessel speed, boaters commonly ignore these rules. Generally, the areas around the reefs are safe, but be vigilant in open water far from shore.
Currents, waves and rough conditions are another concern. Generally, the popular snorkelling sites in
The Bight and
Smith's Reef have rather tame conditions, but locations off the east and west coasts of Providenciales (such as at the
Northwest Point National Park) are subject to currents and rough surf at times. Beginners and unsure swimmers should consider using a snorkeling vest.
Lionfish are probably the biggest sea life threat to swimmers. The Lionfish are an invasive predatory species from the Indo-Pacific and are quite damaging to the native fish and reefs. The fish are predators and although only reaching a mature length of about 14 inches, they consume an incredible amount of the smaller reef fish. The danger to humans come from the venomous spines on the back of the Lionfish. The stings are usually just very painful, but in worst case scenarios can cause temporary seizures or paralysis. Fortunately, the lionfish are not aggressive to humans and only sting in defensive situations.
Very small jellyfish are occasionally seen around Providenciales. The jellyfish appear usually show up in large groups, but tend to disappear after a couple days. The stings from these jellyfish tend to cause small itchy welts and are more of a nuisance than any danger. It's extremely rare to see Portuguese-Man-Of-Wars or the larger types of jellyfish here.
Although they can look scary, sharks and barracudas should be considered harmless to snorkelers. The only known cases of shark attacks on snorkelers in the Turks and Caicos are a couple of incidents that happened to spear fishers (spear fishing results in blood and thrashing fish and is illegal here) far from shore and the attacks weren't fatal.
The Bight Reef is by far the most popular snorkeling site on Providenciales and can be quite busy when conditions are good. This is an excellent site for beginners as the reef starts right off the beach and is clearly marked and easy to access. The many fish here are used to people and are more tame than the other snorkeling spots. Many different types of reef fish and a sea turtle or two can be seen here consistently, along with the occasional barracuda.
Smith's Reef is the name for several reefs near Turtle Cove. Smith's Reef is a lot more extensive than the Bight Reef, but is less busy as the reefs can be a little hard to find. Impressive spotted Eagle Rays are often seen here, along with sea turtles and many types of fish. The density of fish is a little lower than at the Bight Reef, but there's a lot more to explore.
Northwest Point Marine National Park offers some amazing snorkeling, but caution should be taken as the area is remote and conditions can be rough at times. Be careful not to step on any sea urchins in the shallow water right of the coast. We don't recommend Northwest Point to casual snorkelers.
See also
Providenciales Snorkelling Cruises.
A good snorkeling cruise will typically be better in several ways than the experience at one of the reefs near the beach. Visibility is almost always far superior, reef and coral formations are usually much better, and you'll also have a greater chance to see some of the larger sea animals. However, one of the decent shore sites on Providenciales (such as the outer reef at Smith's Reef) will typically offer a wider selection of approachable reef fish and small creatures, along with the obvious benefit of not costing anything.
One of the dedicated snorkeling trips (usually travelling out to the south edge of the Caicos Banks) offered by the local dive companies will usually give by far the best underwater experience compared to a combination beach and snorkeling cruise. Most boat tours include the use of snorkeling gear, although quality and condition vary.
See also
Introduction to Snorkelling and Diving Photography in the Turks and Caicos.
Underwater camera choice on Providenciales is unfortunately limited to two options: rental of an underwater camera from a dive company, or the purchase of GoPro with an underwater housing (available from a few watersports shops in Grace Bay). The other islands in the country really don't have any options.


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09.30-10.00 International Day of the Girl Child
Ceremonial event on the Girls' Rights Bus with Stavros Lambrinidis, EU Special Representative for Human Rights, MEPs Véronique Mathieu, Jean Lambert, Edite Estrela, Director of UNICEF Brussels Phillipe Cori, Karen Schroh, Head of Plan EU Office, Daphne Dotsios, youth activist.
10.00-11.30 Learning for life?
Policy debate and launch of Plan International's report and global campaign on girls' education, Because I am a Girl. European Parliament ASP building, room A5e-3. To launch Plan's global Because I am a Girl campaign, our panel of experts highlight the role of girls' education in meeting the EU's development targets and discuss how the barriers girls face in accessing, and completing, a quality basic education can be overcome. Refreshments provided.


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January 25, 2012
Now that Molly Sims has officially announced her pregnancy, the model can finally talk about the sometimes bizarre things that happens to expecting mothers, including her strange cravings.
"I've already been through the morning sickness (every morning from 4 to 6 AM for seven weeks -- it was the worst), the strange cravings (I'm looking at you, Kraft Easy Mac) and daily episodes of what I call 'pregnancy brain.' But believe it or not, I'm cherishing every moment," Sims wrote in a blog post titled "My First Trimester."
In her excitement for her new little bundle of joy, Sims has also created a baby-themed photo album on her website.
Image Sources:
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- Molly Sims' Healthy Diet and Fitness Regimen
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- Hilary Duff Succumbs to Pregnancy Cravings
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- Molly's Apple Pie
- Gingered Applesauce Cake With Dark Chocolate (Inspired By Molly Wizenberg's Banana Bread With Chocolate and Crystallized Ginger)
- Ketone Advanced - Lose your cravings
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Zenger Farm seeks $1.9M fund raise for 'Urban Grange'
The operators of Portland's premier urban educational farm are doubling the facility's educational capacity.
Zenger Farm will soon feature a new 7,760-square-foot structure dubbed an "Urban Grange" at its Southeast Portland site. The $1.9 million grange will be built with money that Zenger's leaders hope to raise before breaking ground on the project next spring.
The Grange will help inform students, families and community members in general about the advantages of eating healthy food.
Zenger Farm sits along the border of the Lents and Powellhurst-Gilbert neighborhoods. The area is considered one of the city's underserved sections in terms of grocers and retail food outlets.
"People see Portland as this food mecca, and they don't realize how big the need is in East Portland for access to healthy food," said Jill Kuehler, Zenger Farm's executive director.
"Where we're located, it's the best and worst thing. It's where we need to be for our mission, but a lot of people who donate to us don't even know we're out here."
Kuehler did say the Farm has strong support from local restaurants, many of which dedicate one day a year in which part of their proceeds go toward Zenger's educational programs.
Zenger's team has raised $700,000 from such backers as Bob's Red Mill — which contributed $250,000 — as well as Bridgetown Natural Foods ($150,000) and New Seasons Market ($125,000).
DECA Architects is designing the Urban Grange, which will feature a multi-purpose classroom, commercial kitchen and work space for the four-acre working farm. Kuehler said the space could also help incubate businesses and be available as a rental venue.
Some 7,000 students visit Zenger Farm each year. It also operates the city's only Community Supported Agriculture program that accepts SNAP, formerly known as Food Stamps, and manages the Lents International Farmers Market.
Kuehler noted that granges still exist as historic gathering places in rural communities.
"With this, it'll just be in a more urban setting, and it could become especially important to a place like East Portland," she said.


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CARSON CITY, Nev. (AP) — Gov. Brian Sandoval's recommendation that Medicaid recipients share in the cost of care has been met with criticism from advocates for the poor, but the agency chief who oversees Nevada's complex social safety net programs says such requirements are not a new concept.
Medicaid cost sharing will be hot debate in Nevada
"We already do cost sharing," said Mike Willden, director of the Department of Health and Human Services. "Every state does some sharing."
But critics say while that may be true for some programs, requiring copayments from Nevada's poorest residents to receive care goes beyond acceptable boundaries.
"This is a tax. It's a tax on poor people," said Bob Fulkerson, executive director of Progressive Leadership Alliance of Nevada.
Sandoval, a Republican, first mentioned cost sharing when he announced in December his decision to expand Medicaid eligibility as called for under the federal Affordable Care Act. Sandoval reiterated his stance in his State of the State address Wednesday night, saying, "I believe we must ask certain Medicaid patients to make a modest contribution toward the cost of their own care."
What constitutes a "modest" contribution has not been determined, though Sandoval has suggested it could be $1, maybe $5, to see a doctor.
But Willden, speaking with The Associated Press, said cost sharing could take other forms, such as requiring some sort of payment for when a recipient seeks care at an emergency room for something that could have been treated by a primary care doctor.
"We don't know exactly what our final rules will be," Willden said. "We have not locked into how we're going to do that."
Willden said the goal is not to pad state coffers, though the governor's budget estimates cost sharing would save the state general fund about $700,000 in the 2015 fiscal year.
"It's not really being built as a tool to save money," Willden said, adding the concept is more about "personal responsibility."
"It's all about those kinds of principles, about how we get more personal responsibility and better health care outcomes," Willden said.
Fulkerson on Friday called that reasoning "insulting" to poor people.
"Absolutely, it's insulting because it insinuates they have no personal responsibility" and are to blame for being in poverty, he said.
There's no evidence, said Jon Sasser, advocacy coordinator for Washoe Legal Services, "that low income people overuse medical services and need to pay a copayment to keep them from going to the doctor willy-nilly."
Continue reading this story on the...


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Estimated ArrivalArrives by 12/23
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This high-quality giclée print on fine-art paper depicts a detailed map of Long Island and Connecticut. The piece is presented in a rustic white wood frame.


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PleuraFlow is a registered trademark of Clear Catheter Systems. Other company and product names may be trademarks of their respective owners.
About Xeridiem Medical Devices
Xeridiem Medical Devices, Inc. custom engineers performance-critical, minimally invasive medical devices used in urology, cardiology, gastroenterology, minimally invasive surgery, and gynecology for both major companies and individual entrepreneurs.
As a member of the Fenner Group, Xeridiem has access to expertise in injection molding, thermoplastics, polymers, and medical textiles. The company is ISO 13485:2003-certified and FDA registered.
About Fenner
Fenner plc is a world leader in the field of reinforced polymer engineering based in the United Kingdom. Products include conveyor belting for the mining and power generation markets; precision motion control products for the office automation and mechanical equipment markets; sealing products for the mining, hydraulics and energy industries; technical fabrics and polymer products for the medical device industry.
More information about Xeridiem is available at www.xeridiem.com.
More information about Fenner PLC available at www.Fenner.com.
Xeridiem Contact:
Mike Cusack
Tel: 520-882-7794 x122
Fax 520-882-6849
Email: email@example.com
|SOURCE Xeridiem Medical Devices, Inc.
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