Rolling Stone challenges verdict in UVa defamation case
RICHMOND, Va. — Rolling Stone magazine urged a federal judge on Monday to overturn the verdict of a jury, which found that the publication and a reporter defamed a University of Virginia administrator with their botched story about a gang rape on campus.
Jurors awarded former Associate Dean of Students Nicole Eramo $3 million last month for her portrayal in Sabrina Rubin Erdely’s November 2014 “A Rape on Campus” about a woman identified only as “Jackie.” Jackie told Erdely that she was raped by seven men in a fraternity initiation, but a police investigation found no evidence to back up Jackie’s claims.
In a motion filed Monday, attorneys for Rolling Stone said the judge should overrule the jury’s verdict because there is no evidence that Erdely acted with actual malice. They’re also challenging the jury’s finding that the magazine’s December 2014 online version of the article — with an editor’s note acknowledging problems with the story — counted as “republishing” the false statements.
Rolling Stone argues that punishing the magazine for trying to warn the public with the editor’s note could prompt other outlets to stay silent when there are errors in an article in the future.