Judge Intends to Dismiss Libel Suit Filed by DARE

A Los Angeles federal judge said Monday that she intends to dismiss a libel suit by DARE, the anti-drug program, against Rolling Stone magazine over an article containing numerous fabrications.

U.S. District Judge Virginia A. Phillips said there was no clear and convincing evidence that Rolling Stone acted with malice when it published freelancer Stephen Glass’s article accusing DARE of harassing critics.

Rolling Stone’s lawyer, Elizabeth McNamara, said the magazine felt vindicated by the judge’s tentative ruling, because editors made a conscientious effort to check out Glass’ facts before publishing the article.

But Skip Miller, attorney for the Culver City-based Drug Abuse Resistance Education program, said he will appeal if Phillips sticks to her tentative decision.

He said the magazine’s behavior met the legal definition of malice because it stood behind Glass’ story even after the author admitted making up many facts and events.

Glass was a promising young magazine journalist in 1998 when it was revealed that he had fabricated quotes and sources for articles in New Republic and Rolling Stone magazines accusing DARE of intimidating its critics.

In an apology to readers, New Republic acknowledged that Glass had fabricated material in at least 23 articles over 15 months.

DARE did not sue New Republic because the statute of limitations had expired. It dropped its lawsuit against Glass after he agreed to provide its lawyers with information that might be used to sue Rolling Stone.

Phillips said she expects to issue a written ruling in about a week.