Date: 02-03-1999

Case Style: Cuban American National Foundation v. Wayne Smith

Case Number: 93-21852

Judge: W. Thomas Spencer

Court: Circuit Court, Dade County, Florida

Plaintiff's Attorney: G. Luis Dominguez, Miami, Florida; George J. Fowler, III of Rice Fowler, New Orleans, Louisiana and Ian M. Rodriguez and Rice Fowler

Defendant's Attorney: Alfredo G. Duran of Jorden Burt Berenson & Johnson, Miami, Florida and Richard J. Ovelmen of Jorden Burt Boros Cicchetti Berenson & Johnson LLP, Miami, Florida

Description: The Cuban American National Foundation ("CANF") filed this suit for defamation against Smith, a professor at Johns Hopkins University, based on a statement Smith made during the course of an interview given for a PBS documentary entitled "Campaign for Cuba." The documentary dealt with the anti-Castro movement in the Cuban-American exile community and described the activities of the CANF, the Cuban American Foundation ("CAF"), and the Free Cuba PAC ("PAC"). The documentary looked at the political influence of these groups, and their role in shaping United States policy toward Cuba.

During the first quarter of the program, the narrator describes the CANF, the CAF, and the PAC as three groups controlled by the same person, then identifies members of Congress which have benefitted from PAC money. The narrator states that the PAC has been the single largest contributor to the campaign of the late United States Congressman Dante Fascell, then explains that "Representative Fascell was also instrumental in the creation of the Congressionally funded National Endowment for Democracy, or NED . . . [which has] awarded about nine hundred thousand dollars in grants to the Cuban American National Foundation." Immediately following that statement, the documentary shows a twenty second statement from Mr. Smith which is the subject of this lawsuit:

"It's interesting that the National Endowment for Democracy has contributed to the Cuban American National Foundation, and it, in turn, through its - its - its own organization, through its PAC, has contributed to the campaign funds of many Congressmen, including some who have been involved with the National Endowment for Democracy, from whence they got the money in the first place, including Dante Fascell."

CANF received a copy of this documentary prior to broadcast, and sent a letter to Professor Smith, threatening a lawsuit. CANF claimed the statement implied that it was involved in criminality or corruption, and in particular, that the statement asserted that CANF used money granted to it by the NED to contribute to the campaigns of those United States Congressmen who provided the NED grants to CANF. Smith claims he was relying upon an article by Professor John S. Nichols entitled "The Power of the Anti-Fidel Lobby," which was published in The Nation magazine. Smith contacted Nichols prior to broadcast, and Nichols assured Smith that his statement was correct. The documentary was broadcast, and CANF filed suit against Smith alone.

Outcome: The jury returned a verdict of no compensatory damages, $10,000 in nominal damages, and $30,000 in punitive damages. Smith moved for a JNOV, and for a new trial, and both motions were denied.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reversed by the District Court of Appeal of Florida, Third District. The date shown above is the date of the appellate court decision and not the trial date.