Press: Of Meaning and Malice

The case of SHARON vs. TIME INC. goes to the jury

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Though Gould acknowledged that this decision by Sharon was "a mistake," he added, "He is still paying the price for it. He knows it has left scars on the reputation of a great soldier." Sharon could not have been guilty of encouraging the massacre, Gould argued, because he knew records were being kept of the meetings. Said the plaintiff's attorney: "He may be fat, but he ain't crazy."

Sofaer was expected to deliver his charge to the jurors early this week. If they decide not only that the paragraph defames Sharon but that TIME published the passage knowing it was false or with reckless disregard of the truth, then they will return to the courtroom to hear evidence on Sharon's reputation. The jury would then have to determine whether Sharon was harmed by publication of the paragraph and, if so, what damages should be awarded.

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