Legal Opinion · Concurrence
State v. Carpenter
Alaska Supreme Court
Decided October 26, 2007No. S-10700, S-10709, S-10739Published
1Concurrence
CARPENETI J.,
concurring.
In arguing that the jury was misinstructed on her IIED claim, Karen Carpenter argues that Instruction No. 17 was erroneous because the superior court mistakenly assumed that Carpenter was a "public figure." I agree, and would resolve this issue on that basis.
Whether Instruction No. 17 was erroneous depends on whether Carpenter was a public figure. Relying in part on Hustler Maga-gine, Inc. v. Falwell,1 the trial court instructed the jury to disregard statements of opinion and to apply the standard of lability applied to a defamation claim brought by a public figure.…
2Cases cited22 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Hustler Magazine, Inc. v. FalwellSupreme Court of the United States · 1988
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