ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, November 15, 1996 TAG: 9611150049
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
DATELINE: CHRISTIANSBURG
SOURCE: LISA K. GARCIA STAFF WRITER
JAMES CREEKMORE, co-counsel for Collegiate Times, said the assertion that readers would believe the plaintiff participated in illegal sexual acts is "preposterous."
The Collegiate Times admitted to the Montgomery County Circuit Court in arguments Thursday that it printed the "Director of Butt Licking" title beneath a Virginia Tech employee's name, but said an $850,000 defamation lawsuit filed against the student paper should be dismissed.
Sharon D. Yeagle's attorneys said the title clearly was a statement that could be verified and was in no way presented as opinion, a form of speech often protected by the First Amendment. They also said it had harmed Yeagle's reputation and career, and insinuated that she participated in sex acts deemed illegal in Virginia.
Now it is up to Circuit Judge Ray Grubbs to review both sides' motions and rule whether a jury should decide if Yeagle, assistant to Tech's vice president for student affairs, was injured by the statement.
The title appeared beneath a quote and Yeagle's full name in an April issue of the student paper, the last issue of that school year.
The article that the quote accompanied was about exceptional students at the university and contained Yeagle's correct title.
James Creekmore, co-counsel for Collegiate Times, said it was clear to any Montgomery County reader that the title was an error that any reasonable person would discount as being "out of place."
He said the assertion that readers would believe Yeagle participated in illegal sexual acts is "preposterous" and "beyond the realm of reason."
"A reasonable reader could not reach that conclusion," Creekmore said.
Mark Dellinger, co-counsel for Yeagle, said, "Titles are not opinion, they are factual. People do not expect opinion in a title." He argued the harmful nature of the statement was not overshadowed by the positive nature of the rest of the article.
Katy Sinclair, the newspaper's editor in chief, said in a May interview that the phrase was published accidentally. The false title was part of a computer system template never meant to be printed, she said.
Grubbs said he will review the case law involved and notify the attorneys of his decision. He did not say how long it would be before he ruled whether a court date will be set for a jury trial.
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