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Media & Entertainment Law

: Sports Law Blog

Local News "Seeks the Truth"

By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman

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I want to commend the Louisville Fox affiliate, WDRB-41, for its decision not to air, or even report on, its interview with Karen Sypher, the woman Louisville coach Rick Pitino asserts has attempted to extort him. According to an ESPN report late last night:

Karen Sypher recently did a lengthy interview with the Louisville Fox affiliate, WDRB-41, but the station reported Saturday night that it "has decided not to relate details of her claims at this time."
WDRB news anchor Candyce Clifft, who conducted the interview with Karen Sypher, said the station has chosen not to air it because "we couldn't substantiate the claims she was making." Clifft said the claims against Pitino were "of a personal nature, not related to his recruiting or coaching. That's all I'm at liberty to say."
Clifft said Sypher approached WDRB with the information.
Clifft said she interviewed Sypher for nearly two hours on-camera, in the presence of WDRB's general manager and news director. Afterward, the station had an independent polygraph expert administer a lie-detector test to Sypher -- a test she agreed to do before the interview.
Clifft said that the polygraph test could have any of three results: pass, fail or inconclusive. She said Sypher's test fell into the inconclusive range. Clifft said there were some questions she asked that Sypher did not answer conclusively or convincingly, which heightened the station's concerns about the veracity of her information.
Coupled with the fact that there were no criminal complaints filed or charges
levied, the station decided not to air the interview.
"I don't know if we'll ever air all or any of the interview," Clifft said. "Right now there
are no plans to do that."

The local Fox affiliate, and the reporter who conducted the interview, made journalism ethics a priority over national publicity in being the first source to reveal questionable allegations involving Rick Pitino that are unrelated to his coaching responsibilities. Since Pitino is a public figure, the Fox affiliate could have easily hid behind the First Amendment, which certainly would have protected them from a defamation lawsuit.

Another news source will gladly put journalism ethics aside in favor of profiting from tabloid journalism and feed the public with a sensationalized story, probably even before the day is over....

Full post as published by Sports Law Blog on April 20, 2009 (boomark / email).