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Keeton v. Hustler Magazine, Inc., 465 U.S. 770 (1984), was a case in which the United States Supreme Court held that a state could assert personal jurisdiction over the publisher of a national magazine which published an allegedly defamatory article about a resident of another state, and where the magazine had wide circulation in that state.[1]
A state's courts could assert personal jurisdiction over the publisher of a defamatory article, where the publisher circulated the publication in the state where the case was brought, regardless of the plaintiff's home state.
Keeton was a case for defamation brought by Kathy Keeton, a New York resident and publisher of Penthouse magazine, against the nationally distributed Hustler magazine.
The plaintiff claimed that she was libeled by material published in magazine since 1975, including a cartoon that falsely suggested she had contracted a sexually transmitted infection from fellow Penthouse publisher (and her later to be husband) Bob Guccione, as well as a nude pictorial spread of a model who was identified as Keeton.[2] Keeton chose to bring the case in New Hampshire, even though the plaintiff was not a resident there, because New Hampshire allowed six years to bring suit under that state's statute of limitations, which is longer than any other state. Also, New Hampshire's "Single Publication Rule" could increase the amount of damages the plaintiff could collect by accounting for publication in all 50 states.
Issueedit
The issue was whether the federal court had personal jurisdiction if the case was brought in New Hampshire, by a plaintiff from a foreign state against a nationally circulated magazine.
Opinion of the Courtedit
The U.S. Supreme Court upheld personal jurisdiction, stating that the plaintiff in a case had never been required to have "minimum contacts" in a state to bring suit in that state and since the magazine did conduct business within the state of New Hampshire.
Other developmentsedit
Keeton was later awarded a $2 million judgment by a New Hampshire jury.[2]
This case was decided at the same time as Calder v. Jones, which held that a state had personal jurisdiction over author or editor of an article published in a magazine widely circulated in the state the case was brought, if the claim brought was that the article was libelous about activities in the state by a resident of state.[3] Like Keeton, Rehnquist authored a unanimous decision there. However, key differences between the cases were that Calder involved a plaintiff suing in her state of residence and she was suing the author and editor involved in the piece in addition to the newspaper itself, while Keeton involved a plaintiff suing only the magazine itself.
Text of Keeton v. Hustler Magazine, Inc., 465 U.S. 770 (1984) is available from:CourtListenerGoogle ScholarJustia
January 01, 1970
keeton, hustler, magazine, this, article, needs, attention, from, expert, specific, problem, lacking, sufficient, information, background, wikiproject, able, help, recruit, expert, april, 2013, 1984, case, which, united, states, supreme, court, held, that, sta. This article needs attention from an expert in law The specific problem is Lacking sufficient information and background WikiProject Law may be able to help recruit an expert April 2013 Keeton v Hustler Magazine Inc 465 U S 770 1984 was a case in which the United States Supreme Court held that a state could assert personal jurisdiction over the publisher of a national magazine which published an allegedly defamatory article about a resident of another state and where the magazine had wide circulation in that state 1 Keeton v Hustler MagazineSupreme Court of the United StatesArgued November 8 1983Decided March 20 1984Full case nameKathy Keeton v Hustler Magazine Inc Citations465 U S 770 more 104 S Ct 1473 79 L Ed 2d 790 1984 U S LEXIS 40Case historyPrior682 F 2d 33 1st Cir 1982 cert granted 459 U S 1169 1983 HoldingA state s courts could assert personal jurisdiction over the publisher of a defamatory article where the publisher circulated the publication in the state where the case was brought regardless of the plaintiff s home state Court membershipChief Justice Warren E Burger Associate Justices William J Brennan Jr Byron WhiteThurgood Marshall Harry BlackmunLewis F Powell Jr William RehnquistJohn P Stevens Sandra Day O ConnorCase opinionsMajorityRehnquist joined by Burger White Marshall Blackmun Powell Stevens O ConnorConcurrenceBrennan in judgment Laws appliedU S Const amend XIV Contents 1 Facts 2 Issue 3 Opinion of the Court 4 Other developments 5 See also 6 References 7 External linksFacts editKeeton was a case for defamation brought by Kathy Keeton a New York resident and publisher of Penthouse magazine against the nationally distributed Hustler magazine The plaintiff claimed that she was libeled by material published in magazine since 1975 including a cartoon that falsely suggested she had contracted a sexually transmitted infection from fellow Penthouse publisher and her later to be husband Bob Guccione as well as a nude pictorial spread of a model who was identified as Keeton 2 Keeton chose to bring the case in New Hampshire even though the plaintiff was not a resident there because New Hampshire allowed six years to bring suit under that state s statute of limitations which is longer than any other state Also New Hampshire s Single Publication Rule could increase the amount of damages the plaintiff could collect by accounting for publication in all 50 states Issue editThe issue was whether the federal court had personal jurisdiction if the case was brought in New Hampshire by a plaintiff from a foreign state against a nationally circulated magazine Opinion of the Court editThe U S Supreme Court upheld personal jurisdiction stating that the plaintiff in a case had never been required to have minimum contacts in a state to bring suit in that state and since the magazine did conduct business within the state of New Hampshire Other developments editKeeton was later awarded a 2 million judgment by a New Hampshire jury 2 This case was decided at the same time as Calder v Jones which held that a state had personal jurisdiction over author or editor of an article published in a magazine widely circulated in the state the case was brought if the claim brought was that the article was libelous about activities in the state by a resident of state 3 Like Keeton Rehnquist authored a unanimous decision there However key differences between the cases were that Calder involved a plaintiff suing in her state of residence and she was suing the author and editor involved in the piece in addition to the newspaper itself while Keeton involved a plaintiff suing only the magazine itself See also editMavrix Photo Inc v Brand Technologies Inc List of United States Supreme Court cases volume 465References edit Keeton v Hustler Magazine Inc 465 U S 770 1984 a b Hustler Ordered to Pay 2 Million for Libeling Penthouse Executive Los Angeles Times Associated Press August 8 1986 Calder v Jones 465 U S 783 1984 External links editText of Keeton v Hustler Magazine Inc 465 U S 770 1984 is available from CourtListener Google Scholar Justia Retrieved from https en wikipedia org w index php title Keeton v Hustler Magazine Inc amp oldid 1222972527, wikipedia, wiki, book, books, library,
