Posted On: December 26, 2009 by Jason B. Wolf

Sports Law: When it's Not Libel

One of the most popular sports law questions asked by rookie pro athletes who are not used to be in the news is whether they can sue for libel? We have covered the basis for libel in a couple of previous blog posts.

While sports lawyers are not all-knowing, if an attorney advises you that you do not have a case, sometimes it is wise to take the lawyer’s advice. Consider the case of Kevin Millen, a former Georgetown basketball player who sued the Memphis Commercial Appeal newspaper alleging libel. He acted pro se, which means that he was his own attorney. I assume he proceeded on his own after his attorney either dropped out or after he could not find a lawyer to take his case.

Not surprisingly, his hand-written complaint was rejected. Surprisingly, he made it all the way to the United States Supreme Court, which recently denied certiorari:

The court said Millen had "repeatedly abused this court's process," and directed the court's clerk not to accept any further petitions from him in non-criminal matters.

People who feel that they have been unfairly criticized have a difficult time believing that certain media institutions are not actually out to get them. They also misapprehend the strength of this country’s freedom of the press, which everyone knows is a fundamental tenet of our democracy. Sometimes it is best to just let things go.