A federal court judge in New York has thrown out the lawsuit filed by three members of Phi Kappa Psi at the University of Virginia. They claimed Rolling Stone magazine damaged their reputations in a story that alleged a gang rape at the fraternity. Charlottesville lawyer Lloyd Snook, who has followed the case closely, says he’s not surprised by the court’s decision.
“Under libel and slander law, they have to be able to prove not just that bad things were said but that they themselves were clearly the objects of the bad things being said, and what the judge said is, ‘They’re not naming you. I’m not even sure they’re describing you. They’re describing a male who rode his bike across campus. That could be 10,000 people.’”
In another suit, the fraternity claims damage, but if the court treats Phi Kappa Psi like a company, Snook says it may be difficult to prove defamation.
“A corporation can sue for loss of reputation and economic loss," he explains, "but it’s got to be an economic loss, not just a ‘my feelings were hurt’ loss.”
A third case is also pending – this one involving UVA Dean Nicole Eramo who was specifically named in the discredited Rolling Stone story.