Can a newspaper be sued?

Question Details:

A local news paper printed a article that is very racist and offensive towards Native Americans. The article is about the opening of a new airstrip in Macon county and the people over the airstrip including the person who wrote the article makes very racist remarks such as "the only good Indians I ever saw were dead." The article talks about the airstrip being built on a Indian village and Indian cemetery. Is there any type of law that would allow me to file a lawsuit against the paper and or the airstrip owners? Also is there a law that prohibits building on such historic sites?

Asked 11/20/2009 under Business | 173 View(s) | More Legal Topics

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Business Law Answers

Under the 1st Amendement to the Constitution, it is VERY difficult to prevent a newspaper from publishing what it will or to sue them for what they publish. If provably false derogatory remarks about a private individual (someone who was not otherwise a public figure or in the news) were made, that person might have a case for defamation. However, newspapers may indeed print generally racist (or sexist, or anti-religion, etc.) remarks and they are not subject to liability for doing it.

As for whether there is a law prohibiting building on historic sites generally, that would typically be a matter of local code--check with your municipal dept. of buildings. Whether a Native American historical site might be protected would also involve the federal agency that is responsible for Native American affairs--I believe it used to be called the Bureau of Indian Affairs, but they may have changed their name.

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