Seith v. Chicago Sun-Times, Inc.

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State: Illinois

Court: 1st District Appellate

Docket No: 1-03-1307 Rel

Case Date: 01/12/2007

Preview:SIXTH DIVISION January 12, 2007 No. 1-03-1307

ALEX R. SEITH, Plaintiff-Appellant, v. CHICAGO SUN-TIMES, INC., and STEVE NEAL, Defendants-Appellees. )

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Appeal from the Circuit Court of Cook County. No. 02 L 5830

Honorable Michael J. Hogan, Judge Presiding.

JUSTICE O'MALLEY delivered the opinion of the court: On May 7, 2002, plaintiff Alex R. Seith filed a two-count complaint alleging that an article written by the late Steve Neal and published by Chicago Sun-Times, Inc., contained statements which constituted per se libel and false-light invasion of privacy. Defendants moved to dismiss pursuant to section 2-615 of the Illinois Code of Civil Procedure. 735 ILCS 5/2-615 (West 2004). The circuit court of Cook County granted defendants' motion to dismiss. Plaintiff filed timely notice of appeal. On appeal, plaintiff asserted that his complaint stated a claim upon which relief could be granted. After the parties fully briefed these issues, plaintiff filed a motion to voluntarily dismiss the appeal as to defendant Steve Neal. That motion also stated plaintiff's intention to continue the matter against Chicago Sun-Times, Inc. This court granted plaintiff's motion and a mandate issued pursuant to that order.1 After a period of
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Although the late Mr. Neal is no longer part of this litigation, we continue to use a

caption that reflects his prior status in this case owing to our practice of following the format of the caption used in the notice of appeal.

1-03-1307 time without a decision, plaintiff filed a motion requesting that this court grant oral argument on this case. The remaining defendant filed an objection to plaintiff's motion alleging, inter alia, that this court lacked jurisdiction to decide this case. For the reasons stated below, we assert our jurisdiction over this case and affirm the judgment of the circuit court. Contemporaneously with this order we deny plaintiff's motion requesting oral argument. BACKGROUND Alex Seith sued Chicago Sun-Times, Inc., and columnist Steve Neal for libel and falselight invasion of privacy for a column published in the "Commentary" section of the Chicago Sun-Times newspaper of February 18, 2002. In paragraphs 4, 5, and 6 of the first count of his complaint, Mr. Seith alleged that Neal authored a libelous article, subsequently published by Chicago Sun-Times, Inc., in its daily paper, entitled "Underdog Wood Goes for Rose" (the Rose column). Seith attached a copy of the article to his complaint as an exhibit. The article describes how then-Lieutenant Governor Corrine Wood, a hopeful for the Republican nomination for the gubernatorial race, had hired political strategist Don Rose to assist her in her campaign. We quote the entire article and italicize the portion of the article that Mr. Seith alleges was defamatory: "UNDERDOG WOOD GOES FOR ROSE Steve Neal Can he do it again? Independent Don Rose, the strategist behind Jane Byrne's great upset of 1979, is taking on another race that looks unwinnable. Rose, 71, who has a well-earned reputation for turning lost causes into

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1-03-1307 victories, is joining Corinne Wood's GOP campaign for governor. According to the most recent polls, Wood is trailing Attorney General Jim Ryan by more than 30 percentage points. Rose acknowledges that Wood is the underdog. But he argues that she has the potential to win the March 19 primary. The Wood campaign wasn't Rose's only option. At least two of the three Democratic gubernatorial hopefuls also wanted his help. But Wood made the most compelling pitch for his involvement. Rose will be shaping her message in the campaign's final weeks and also will seek to expand her political base. To make a serious run for the GOP nomination, the socially liberal Wood knows that she must attract independent and Democratic crossover votes. Wood focused on Rose because of his track record in forging bipartisan, multiethnic coalitions for Republican candidates. It has been 30 years since Rose managed Republican Bernard Carey's victory over Democratic Cook County State's Attorney Edward Hanrahan. The predominant issue was Hanrahan's involvement in the infamous police raid on the Black Panthers in which Fred Hampton was gunned down in his sleep. Rose created a strategy that took advantage of Hanrahan's vulnerabilities. Lakefront independents, liberal Democrats, and African Americans voted for Carey in large numbers, which resulted in the GOP's first victory for this office since the 1950s. Under Rose's direction, Carey in 1976 became the first Republican state's attorney to win re-election since the 1920s.

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1-03-1307 Wood is hoping that Rose can build a similar coalition for the March 19 GOP primary. More than 50,000 Democrats and independents have already been contacted by the Wood campaign as part of an effort to win crossover votes. Rose notes that John McCain won the 2000 Michigan GOP presidential primary with Democratic and independent crossover votes. Under Illinois election law, there is no party registration, and voters have the option of casting either a Republican or Democratic ballot. Rose said that pro-choice voters may rally behind Wood to assure that the state's next governor will support a woman's right to reproductive choice. GOP front-runner Ryan and gubernatorial contender Patrick O'Malley oppose abortion, even in cases of rape or incest. O'Malley and Ryan would allow abortions to save the mother's life. Rose, who will hit Ryan hardest on the abortion issue, also will tout Wood's accomplishments as a state legislator and as lieutenant governor. Just as he made history in helping to elect Byrne the first female mayor of Chicago, Rose wants to break the glass ceiling again by making Wood the first woman governor of Illinois. Among the other Republicans for whom Rose has worked are former Sen. Charles H. Percy and former Gov. Jim Edgar. In 1978, Rose helped Percy win a tough re-election contest over conservative Democrat Alex Seith. Rose bought ads throughout the state that reprinted the late Sun-Times columnist Mike Royko's column about Seith's ties to the mob-linked 1st Ward. Rose and Royko

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1-03-1307 contributed significantly to Percy's come-from-behind win over Seith. After Edgar was appointed secretary of state in 1980 to fill out an unexpired term, Rose became his media strategist. It was because of Rose that Edgar gained the endorsements of most independent and good-government organizations in his 1982 bid for a full term against Democratic Machine stalwart Jerry Cosentino. Edgar's first commercial, produced by Rose, touched on themes that attracted Democratic and independent votes. Even though 1982 was a Democratic year nationally, Edgar easily won that race with Rose's help. Rose, who has spent much of his political career battling the Democratic Machine, can do more with less resources than any strategist I've known. That's why Wood signed up the miracle worker." S. Neal, Underdog Wood Goes For Rose, Chicago Sun-Times, February 18, 2002. In paragraph 7 of his complaint, Seith alleges that the above-indicated portion of the Rose article was false "in that: a. Seith does not now have, and has never had, any `ties to the moblinked 1st Ward[,] and b. [t]he Royko column to which the 2/18/02 Neal column referred did not assert that Seith had `ties to the mob-linked 1st Ward.' " In paragraphs 8 and 9 of his complaint, Seith alleges that he is a public official, an attorney, and a lobbyist, and that the Rose article "impute[s] to the plaintiff a want of integrity in the discharge of his public office and also prejudice[s] him in his profession." In paragraph 10, Seith alleged that the defendants published the purportedly defamatory

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1-03-1307 statements "of and concerning Seith with knowledge of their falsity or with a reckless disregard for the truth." Seith alleged that on October 30, 1996, another Neal column, entitled "Blind Ambition" (the Ambition column) contained similar negative comments. In paragraph 11, Seith alleged that he had refuted the assertions in that column through a letter to the editor. Seith attached an imperfect copy of the Ambition column and his response letter to the complaint. We quote both exhibits in full here: "BLIND AMBITION Alex Seith and Al Salvi are running 18 years apart for the same Senate seat. Their approaches are remarkably similar. By Steve Neal They have more than their initials in common. Al Salvi and Alex Seith are men of ambition. Neither is a believer in climbing up the political ladder. In their first runs for statewide office, 18 years apart, they sought the same seat in the U.S. Senate. Democrat Seith narrowly missed in 1978. Republican Salvi might do better next week. Their profiles are hauntingly similar. If you liked Seith, chances are you'll love Salvi. Both are wealthy lawyers from the suburbs. Each spent more than $1 million of their family money in their first Senate campaigns. Candidates of more modest means are restricted to accepting contributions of no more than $1,000.

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1-03-1307 But since there are no limits on self-contributions, Salvi and Seith took advantage of the loophole in federal election law. Who sent these candidates? They essentially nominated themselves. Party loyalty isn't their thing. One began as a Democrat (Salvi) and ran for office as a Republican. The other (Seith) ran for office as a Democrat and now dabbles in GOP politics. Both supported Jimmy Carter for president in 1980. This year, Seith backed Republican Phil Gramm for president. Salvi has annoyed some of his fellow Republicans by distancing himself from GOP presidential candidate Bob Dole. The Illinois Dole cam-[the article cuts off here and resumes mid-sentence] * * * and Salvi have pledged allegiance to themselves, but not to a party. Their campaign styles are remarkably alike. In &78, Seith aired a commercial on black radio stations that accused his opponent Sen. Charles H. Percy (R.-Ill.) of being an apologist for former Agriculture Secretary Earl Butz. The commercial then noted the racial slur that had prompted Butz's resignation from the Cabinet. Seith didn't mention that Percy [the article again cuts off here and resumes mid-sentence] * * * to call for Butz to resign. The misleading ad backfired. Salvi has also resorted to trickery. His new television commercial is using fake newspaper headlines that assert, "Durbin rated one of the most wasteful

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1-03-1307 spenders in Congress" and "Durbin caught in congressional check-writing scandal." The ad is a sham. Salvi is even tougher on the truth than Seith. Political candidates should be judged by the company they keep. In [date cut off], Seith was chairman of the Cook County Zoning Board of appeals. His top aide was Paul Marcy, who had been recently convicted of taking a $55,000 bribe from a builder with business before the board. Seith was among the character witnesses at Marcy's trial. Seith's top aide was the brother of Pat Marcy, a member of the Chicago crime syndicate and longtime secretary of the corrupt 1st Ward Democratic organization. Seith claimed that his ties to the Marcy brothers weren't relevant to the voters. He was just wrong. Like Seith in &78, Salvi also has a close associate of dubious character. Former juice loan collector Nick Keller, Jr., who was convicted in 1980 of collecting loans for mob boss James Inendino, is playing an active role in Salvi's campaign. Keller is Salvi's father-in-law [cut off] * * * has worked hard in the Se[nate?] race. Keller's involvement in [cut off] * * * campaign raises serious quest[ions] about Salvi's judgment. Ethical questions have [been?] raised about Salvi's solicitation [cut off] * * * year of special-interest money [cut off] * * * trial lawyers. He collected [cut off] * * * than $70,000 from lawyers and [cut off] * * * the only GOP state legislator [who?] didn't vote for tort reform. [Cut off] * * * recently was entwined an a n[asty?] legal dispute with a longtime [asso]ciate over the manipulatio[n cut

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1-03-1307 off] * * * stock in a radio station. Neither Salvi nor Seith vio[lated?] the law. But they aren't ex[actly?] straight shooters." S. Neal, Blind Ambition, Chicago Sun-Times, October 3, 1996. Seith responded to this column with a letter dated November 4, 1996, addressed to Nigel Wade, editor of the Chicago Sun-Times, which reads as follows: "Dear Mr. Wade: Instead of using his poison pen to smear me with misleading innuendoes and false statements, Steve Neal (column Oct. 30, 1996) should have re-read the Sun-Times and gotten his facts straight. The last time I ran for public office - in March 1984 - was in the four-way Democratic Primary for U.S. Senate with Phil Rock, then President of the Illinois Senate; Roland Burris, then Illinois Comptroller, later Illinois Attorney General; and Paul Simon, then U.S. Congressman, now U.S. Senator. With these outstanding competitors, the Sun-Times, in an Editorial of March 16, 1984, endorsed me. `Democratic voters face a list of four strong candidates who . . . are all professional, all are men of ideas, are all electable", [sic] the Sun-Times wrote. `But, Alex Seith offers programs that most fit the country's needs. We recommend him". [sic]. `In Seith', [sic] the Sun-Times continued, `the Democrats have a candidate

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1-03-1307 with a lawyer's training, a diplomat's experience, a banker's fiscal knowledge, an executive's firmness, a realist's practicality

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