Ruth Shalit Barrett received more than $1 million after suing The Atlantic for defamation, based on its approach to retracting this story. For that kind of money, they must have said this is a photo of Barrett drowning a couple dozen kids in a pool laced with electrical lines.
THE LEAD: When in doubt, sue somebody, because it apparently works:
The Atlantic quietly agreed to pay more than $1 million early this summer to settle a lawsuit by the writer Ruth Shalit Barrett, who had accused the magazine of defamation after it took the rare step of retracting an article she had written and replacing it with an editor’s note, according to a person with knowledge of the settlement.
Ms. Barrett, who wrote an article about youth sports in wealthy areas as a freelancer for The Atlantic in 2020, sued the publication and one of its editors in January 2022. She said the outlet had smeared her reputation and asked for $1 million in damages.
DOCTOR OF PAPER FLASHBACK: I was working on another post over the weekend when I noticed a post I wrote several years ago about Barrett’s article and subsequent lawsuit was getting heavy traffic for no apparent reason. A quick Google search of her name helped me figure it out.
At the time, I figured there was NO WAY this thing was going anywhere. The strength of my prediction powers is also why I suck at Fantasy Football.
THE DETAILS: Barrett wrote a story about niche sports that rich parents were pushing their kids to enter, in hopes of gaining an edge when the kids applied to Ivy League schools. The story had a number of problems, including an anonymous source that wasn’t that anonymous, the creation of a kid out of thin air, the exaggeration of an injury to a kid during a fencing match and more.
Eric Wemple of the Washington Post dug into this story and started finding more and more things that didn’t make sense, something the editors of The Atlantic also began to notice. At some point, they decided, “Screw it, we can’t save the patient” and retracted the story with a lengthy editor’s note about the story and Barrett’s history in media.
As a result, Barrett filed the suit, arguing that the note defamed her in several ways. She asked for it to be rewritten and that she be given the story’s publishing rights. The two sides went to arbitration, leading to some edits to the note and a lot of cash.
A FEW QUESTIONS: In reading this over and over again, I found myself asking several rhetorical questions, one of which was, “Can I sue Sage for no good reason with the hopes that they give me a squillion dollars to go away for a while?” While the answer to that one marinates in your mind, here are a couple others:
CAN YOU LIBEL A DISASTER? I’m not calling Barrett a disaster for obvious reasons, not the least of which is I don’t have a million bucks I want to throw away. I’m more or less wondering how we started with a story so bad that it required a full retraction and ended with a pay day of this nature.
The publication stated it was aware of her history of not quite exhibiting the best level of judgment in regard to journalistic integrity. Wemple dug a bit deeper into her life and found more than a few clinkers along the way, including problems with the story on these weird sports. The fact checkers were lied to in at least two cases, with one source being encouraged to lie. (The original note said “at least one” while the new note says “one,” a distinction without merit from a language position. Also, who told you it was “only” one? The person you initially found was involved in all the lying and encouraging others to lie, so… um…)
Courts have ruled on a number of occasions that certain people and situations are “libel-proof,” in that nothing further can be done to harm their reputation. In addition, courts have stated that libel doesn’t apply if only “incremental harm” can be demonstrated. In the former, the courts basically say that someone or something is so bad, any statement that might be libelous toward any other person or group won’t qualify as libel. In the latter, it’s like a person in prison for 10 counts of murder sues you for reporting that they have a dozen unpaid parking tickets.
In looping back to this situation, I fail to see how the changes to the note or the statements regarding Barrett improved the situation to the point of avoiding libel. The distinctions in here feel to me like the quote in “Great Balls of Fire!” when someone yells at Jerry Lee Lewis that he married his 12 year old cousin, Myra, to which she retorts, “Second cousin, twice removed!” Oh. Well.
The question of how bad was the defamation in relation to what was already out there has me pondering what level of reputation she recouped as a result of the suit. In short, do people who thought poorly of her now think better of her after this? Or did people who thought better of her before the retraction think worse of her AFTER that retraction?
Or did the big check just make things better?
WHEN DID GP GO MIA? I seem to remember a time, not so long ago, when people did things on “GP” or “general principle.” In other words, it was standing up for the right side of something or holding someone to account for something, even if it would be easier to just throw in the towel.
Case in point, my parents told me when I first got my license that if I got a speeding ticket, I’d lose my right to drive for a protracted period of time. No muss, no fuss, no BS. Just put the keys on the table. Sure enough, when I was 17, I was ticketed for speeding along a stretch of road that was a notorious speed trap. I walked into the house, put the ticket on the table, dropped the keys on top of it and that was that for a while.
What my parents DIDN’T foresee was that I was involved in about 912 activities that required me to be at various locations at night and on weekends. It would have been far easier for them to just give me back the keys and let me drive myself. However, Mom and Dad dug in and ended up driving me to and from all those things until the predetermined punishment time had ended. It was inconvenient for them, but they decided the principle of the thing mattered. I learned a lot from that and have since avoided speeding tickets, although now that I’ve said that, I’m sure I’m getting nailed on the way home.
The larger point is: When did we stop fighting just because the fights were hard? We’ve recently had the “60 Minutes” lawsuit, the ABC lawsuit, and several other lawsuits that have the “Fourth Estate” folding like a cheap cardboard box in a rainstorm. It’s like, “It’s cheaper and easier to just pay people to go away.” Well, that’s like paying protection money to the mob, assuming it’s a one-time thing.
It’s not just the news business, but it seems like we fold up everywhere: A kid threatens us, we change a grade. A social media “influencer” pulls focus onto a post we made, we take it down and apologize. Don’t even get me started about what the kids are doing in the ice cream aisle at Walmart these days. What happened to standing on principle?
There are times where I go into a situation knowing full well I’m going to lose and there are other times, where the risks are pretty damned high that I will. Still, there’s something that says, “No. You aren’t folding. You’re gonna play this hand out, because you can’t live with yourself if you don’t.”
I feel this moment so deeply
I understand that money is a predominant factor in pretty much everything in the world today and I know that it’s easy to say what I would or wouldn’t do when it’s not my money to spend. That said, I think back to the people I admire the hell out of in this business, who would never have acquiesced as easily as it seems like so many people are so willing to do.
