Spreadbury v. Bitterroot Public Library et al

Filing 261

Statement of Undisputed Fact re: 259 MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A - Aff of Backus - Newsworthy, # 2 Exhibit B - Petition to Ravalli County, # 3 Exhibit C - Pl to Messina (10-19/2007), # 4 Exhibit D - Pet Recall Sheriff Hoffman, # 5 Exhibit Pet Recall Ravalli Co Attorney Corn, # 6 Exhibit F - Ltr Pl to McCulloch (2/10/2009), # 7 Exhibit G - Ltr Commrs to Pl (2/17/2009), # 8 Exhibit H - Ltr PL to McCulloch w Recall Pet, # 9 Exhibit I - Ltr Kimmet to PL (3/13/2009), # 10 Exhibit J - Ltr Quintana to PL (3/23/2009), # 11 Exhibit K - Ravalli Republic Article (2/19/2009), # 12 Exhibit L - Blog Bitterroot Rising (2010), # 13 Exhibit M - Blogger User Profile, # 14 Exhibit N - Crystal Cox Blog (2011), # 15 Exhibit O - Blog - Ravalli Co Sheriff Dept (8/8/2009), # 16 Exhibit P - Crystal Cox Blog (2012), # 17 Exhibit Q - Library Thing, # 18 Exhibit R - Spreadbury Youtube MT, # 19 Exhibit S - Ravalli Republic Article (11/3/2009), # 20 Exhibit T - Find My Threat Story (11/17/2011), # 21 Exhibit U - Ravalli Republic Article (6/9/2010), # 22 Exhibit V - USDC Complaint (7/30/20100, # 23 Exhibit W - Aff Backus (Standard of Care), # 24 Exhibit X - Aff Devlin (4/2/2012), # 25 Exhibit Y - Bitterroot Rising Archives (2010)) (Smith, Jeffrey)

EXHIBIT X

Anita Harper Poe
Jeffrey B. Smith
CARLINGTON, LOHN & ROBINSON.
350 Ryman Street. P. O. Box 7909
Missoula, MT 59807-79A9
Telephrrne (406) 523 -25AA
Telefax [phone]

PLLP

ahpoe@)garl i n gton, com
j [e-mail]

Attorneys for Defendant, Lee Enterprises, Inc.

IN THE UNI]'ED STA'I'ES DISTRICT COURT
FOR T'HE DISTRICT OF MONTANA
MISSOULA DIVISION

MICHAHI, N. SPREADBURY,

Cause No. CIV- I 1 -064-M-DWI\,{

Plaintiff.

AFFIDAVIT OF SHERRY DEVLIN
(Standard of Care)

V.

BITTERROOT PUBLIC LIBRARY,
CITY OF HAMILTON, LEE EI\iTERPRISES, [NC., and BOONE KARLBERG P.C..
Def'endants.

STATE OF
County of

MONTANA

Misscula

)
:SS
)

I, Sherry Devlin, being duly srvorn and under oath, state as fbllows:
I

.

I have a Bachelor of Science degree in News/Editorial Jaurnalism frorn

the University of Colorado.

2.

I have rvorked for newspapers fbr over 35 years and taught at the Uni-

versity of Montana, School of Joumalism for ten years.

3.

I have wclrked for the Mi,csoulia,n since 1989 and am surrentlv the edi-

tor of the Ravalli Republic and Missoulian newspapers.

4.

The rtcvalli Repttblic, like most newspapers, does not have specific

written policies regarding how fact-checking for stories is done. Ilowever, there
are well-established industry standards of practice which the Ravalli Republic fol-

lows. This begins with hiring professional joumalists who have been trained in,
and are expected to practice, ethical and accurate reporting. Fact-checking is an

integral part o1'the development of a story and the writing process. 'I'hese journal-

istic standards are part of the curriculum in journalism school and repclfters are
expected to make reasonable efforts to confirm the facts in their stories.

5.

The editor does not then make a second, independent check of every

tbct in every article. T'hat is not the editor's job.

6.

Because even professional reporters and their sources are human, mis-

takes do occur, even with the exercise of standard practices and reasonable care,

which is why newspapers issue prompt corrections.

7.

Again, the Ravalli Repuhlic follows well-established industry stan-

dards. 'l'hese practices include reviewing every report of a potential error. If an
error is found, a correction is rnade in the newspaper as soon as possible in the next

publication. The comections are made in the same location of the newspaper,
the reader can easily find them in each publication. The correction
the error to avoid repeating

it.

so

will not restate

The conection acknowledges the mistake and pub-

lishes the correct information in lieu of the error.

8.

The Ravalli Repttblic acted lvith reasonable care and cornplied with

standarcls in the newspaper industry in fuct-checking the

August9,2Al0, article.

The fact that a single error was made does not demonstrate that the Ravalli Repub/ic' failed to meet the standard of care.

9.

'Ihis article was writteu by Raval.li Republic reporter Jeff Schrnerker"

During this tirne period, Mr. Schmerker was primarily covering th€ city and county
govemment, writing approximately two to three stories per day. Mr, Schmerker
has a degree in journalism and was properly trained in the ethics of accurate report-

ing.

10.

The article reported on recent events in lawsuits brought by Mr.

Spreadbury. For context purposes, the article briefly rnentioned Mr. Spreadbury's

prior criminal history. Although the arricle incorrectly noted Mr. Spreadbury had
been previously convicted of disturbing the peace, when in fact he had been con-

victed of criminal trespass, this was a reasonable mistake. Mr. Spreaclbury had
been ths subject of many articles prior to the August 9, 2010 article , was the sub-

ject of much discussion and attention by law enforcement and local government,

frequently created a public scene deliberately to call attention to a public eontroversy, and was quite visible and vocal about many public issues during this tirne

period. Afier notification of the error, a corection was promptly published in the
August 24,2014, Ravalli Repuhlic.
1

l.

Based on these facts" the Ravalli Republic did not breach the standard

of care for fact-checking the August 9,2010 article.
Further Affiant sayeth not.

I declare under penalty of perjury that the tbregoing is true and correct.

DATED this

fi_

day

of lL*;*_\*_-*,

2012.

*-t-:*H;t.

"

Sherry

Devlin

Signed and swom to before me on the
Sherry Devlin.

.

S

l

-

day

of '\t-

.)r-,-.*-, 201 2,by

e\r*r.:, 1**-' .|.&,.f,r 11..*.--.r*-.,.
(Type or print name)
NOTARY PUBLIC FOR THE STA]'E OF MOhITANA
Residing at **|i!:
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