Absence of Malice (1981)

John Harkins: Davidek

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Quotes 

• Davidek : Now, then, madam, you propose to say that Mr. Michael Colin Gallagher is the proximate cause of the demise of the esteemed Mr. Diaz.

  Megan Carter : That's not what it says. It says he's under investigation.

  Davidek : But Mr. Gallagher will think we make him out a murderer. As will his friends, neighbors. Let us assume that he is neither a murderer nor the subject of investigation for same. Let us suppose that your story proves to be false on its face.

  Megan Carter : This story is true.

  Davidek : Madam, if newspapers printed nothing but truth, they need never employ attorneys, and I should be out of work, which I am not.

  Megan Carter : I read the file.

  Davidek : I am not a whit interested in the facts; I am concerned with the law. The question is not whether your story is true - the question is: what protection do we have if it proves to be false?... Have we spoken with Mr. Gallagher?

  Megan Carter : We don't exactly call the mafia for comment.

  Davidek : Please, make the attempt.

  Megan Carter : Alright.

  Davidek : If he talks to us, we'll include his denials, which will create the appearance of fairness. If he declines to speak, we can hardly be responsible for errors which he refuses to correct. And if we fail to reach him, at least we tried.

  Megan Carter : What are you telling me, counselor?

  Davidek : I'm telling you, madam, that as a matter of law, the truth of your story is irrelevant. We have no knowledge the story is false, therefore we're absent malice. We've been both reasonable and prudent, therefore we're not negligent. We may say whatever we like about Mr. Gallagher and he is powerless to do us harm. Democracy is served.

• Davidek : Under the first amendment, my client is not required to reveal her sources of information.

  James J. Wells : That's horse pucky, counselor. The first amendment don't say that and the privilege don't exist.