Full opinion text
OPINION PRESKA, District Judge. Plaintiff Richard Jewell (“Jewell”) brings this diversity action for libel against defendant NYP Holdings, Inc. d/b/a The New York Post (“NYP”). The NYP moves for summary judgment pursuant to Federal Rule of Civil Procedure (“Fed.R.Civ.P.”) 56 and for dismissal pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons that follow, the motion is granted in part and denied in part. TABLE OF CONTENTS BACKGROUND. 355 I. The July SI Column & Headline . 356 II. The July SI Article. 357 III. The August 1 Article & Headline. 357 IV. The August 1 Photograph. 358 V. The August 1 Cartoon. 358 VI. The August 2 Article . 358 VII. The August 2 Photograph. 359 VIII. The NYP’s Motion. 359 DISCUSSION. 359 I. Overview. 359 II. Choice of Law. 359 III. Defamatory Meaning. 360 A. The July SI Column & Headline 361 B. The July SI Article. 362 C. The August 1 Article. 363 D. The August 1 Photograph. 364 E. The August 2 Article . 365 F. The August 2 Photograph 366 IV. Substantial Truth.... 366 V. The Republication Defense. 369 A. The AP Wire Service Reports . 371 B. The CNN Broadcasts . 373 C. The AJC Articles. 374 VI. The Opiniorir-Fact Dichotomy 374 A. The Broader Context in Which the Statements Were Published. 378 B. The July 81 Column & Headline. 380 C. The July 81, August 1 and August # Articles and the August 1 Cartoon. 383 1. The July SI Article. 383 2. The August 1 Article & Headline. 383 3. The August 1 Cartoon. 385 4. The August % Article. 385 VII. The Incremental Harm Defense. 387 VIII. Libel Per Se . 396 A. Indictable Offense. 398 B. Work Performance. 399 CONCLUSION. 401 BACKGROUND In the early morning hours on July 27, 1996, a bomb exploded in Centennial Olympic Park in downtown Atlanta, Georgia during the centennial Olympic games. One person was killed and one-hundred and ten others were injured. See Complaint ¶ 12. Having-suffered the collective tragedies of the bombing of the World Trade Center on February 26, 1993 and the Murrah Federal Building in Oklahoma City on April 19,1995, the nation’s sense of domestic security was rapidly eroding. Some seventy-two hours after the explosion, on the afternoon of July 30,1996, the Atlanta Journal-Constitution (“AJC”), in a special extra edition, published an article identifying Jewell as “the focus of the federal investigation.” See id. ¶ 30; Kathy Scruggs & Ron Martz, FBI Suspects “Hero” Guard May Have Planted Bomb, Atlanta Journal-Constitution, July 30, 1996 (extra addition), at IX (“The First July 30 AJC Article”); annexed as Ex. A to the Affidavit of Andrea Peyser, sworn to on October 3,1997 (“Peyser Aff.”). Publication to a similar effect by the NYP quickly followed. This lawsuit arises from these events. Initially, from the evening of July 27 to the morning of July 30, Jewell’s actions were described by the national and international print and broadcast media as heroic. See Complaint ¶ 20. Although reluctant to grant interviews with the media, Jewell did so on a limited basis in an effort to accommodate the desires of one of the Olympics’ corporate sponsors. See id. ¶ 30. This media attention focused on Jewell’s role in the events immediately prior to the explosion. Approximately twenty minutes before the bomb exploded, Jewell reported the existence of an unattended package in the Centennial Olympic Park to Tom Davis (“Davis”), a member of the Georgia Bureau of Investigation. See id. ¶ 14. Shortly after Davis and Jewell unsuccessfully attempted to ascertain whether anyone owned the package, Davis called his command post, reported a suspicious package and requested the dispatch of a bomb inspection team. See id. ¶ 16. Almost immediately thereafter, an anonymous 911 call was placed to the Atlanta Police Department in which the caller stated: “There is a bomb in Centennial Park. You have thirty minutes.” See id. ¶ 13. Prior to the explosion which occurred some twenty minutes after this call, Jewell attempted to evacuate individuals from the area surrounding the location of the suspicious package. See id. ¶¶ 18-19. Although the explosion killed one person and injured numerous others, a number of people were moved away from the site with Jewell’s assistance. See id. ¶ 19. The tone of the media coverage changed dramatically with the breaking story published by the AJC on July 30. As noted above, that article identified Jewell as the “focus of the federal investigation.” See The First July 30 AJC Article; Peyser Aff.Ex. A. The article also indicated that Jewell fit the profile of a “lone bomber” and that the profile “generally includes a frustrated white man who is a former police officer, member of the military or police ‘wannabe’ who seeks to become a hero.” Id. A second article was also published in this special edition and reported similar information. See Kent E. Walker, Bomb Suspect Had Sought Limelight, Press Interviews, Atlanta Journal-Constitution, dated July 30, 1996 (extra edition), at 3X; annexed as Ex. B to the Peyser Aff. With respect to the NYP, and broadly speaking, the Complaint pleads libel concerning two different aspects of the NYP’s reporting. First, libel in connection with Jewell’s alleged responsibility for the bombing of Centennial Olympic Park. Second, libel with respect to Jewell’s prior work history and job performance. Jewell claims that the NYP libeled him in one column, three articles, two photographs and one cartoon. I. The July SI Column & Headline Jewell claims that a July 31 column in the NYP written by Andrea Peyser (“Peyser”) libeled him in various respects (“July 31 Column”). A copy of this column, along with the front page of the NYP from this date, is annexed as Ex. E to the Peyser Aff. This column contains, in addition to its headline, the following allegedly libelous statements: Who checked ‘Rambo’ crossing guard’s record? Richard Jewell, the Olympic security guard who’s reportedly turned into a prime suspect for Saturday’s deadly bombing, had a reputation for being the Village Rambo in Habersham County — a rural area in the North Georgia mountains that actually sees snow in winter. He was a fat, failed former sheriffs deputy who spent most of his working days as a school crossing guard, and yearned to go further. But he lost his job on the county force, after six years[,] when he wrecked a squad car. Jewell got another chance in April 1996, when he was hired as a security guard for tiny Piedmont College in Demorest, a town with just a few hundred residents. It was, to put it mildly, a disaster. The final straw came after Jewell got up in the middle of the night and set up a road block around the campus, hunting for people driving under the influence, said a source speaking on condition of anonymity. “He was let go after that,” said the source. “He was a straight arrow who overdid everything,” college president Ray Cleere told me yesterday. It was Cleere who telephoned the FBI on Sunday, after watching endless TV broadcasts featuring his former employee. Something about Jewell, talcing credit for saving lives in Centennial Park, didn’t sit right with the college president. It wasn’t that Jewell was brutal. But on a campus of 1,000 students, where the worst imaginable problems might involve open beer containers and loud music, Jewell seemed desperate to stand out as a hero. “But these aren’t the streets of New York. We have a small, country town with a small liberal-arts college. He over-investigated everything.” As an example, Cleere said disputes that could be resolved with a little adult mediation often turned into federal cases. “Kids who get into scuffles — that does not require investigation,” he said. That the main suspect in a major act of terrorism is a home-grown failure is both a relief — and a major embarrassment — to this city’s real law-enforcement people. The scary part is, as the minutes ticked by, it was Jewell, this disgraced former deputy and fired campus security guard, who was in charge. Complaint ¶¶ 41-42. II. The J-uly SI Article Jewell claims libel with respect to certain statements published in a July 31 article (“July 31 Article”). This article was written by Robert Hardt, Jr. (“Hardt”) and Kyle Smith (“Smith”). A copy of this article, along with the front page of the NYP from this date, is annexed as Ex. A to the Affidavit of Kyle Smith, sworn to on October 3, 1997 (“Smith Aff.”). Jewell claims that the following statements are allegedly libelous: Cleere said Jewell had been given the option of resigning or being fired in May because he was overly enthusiastic about his police duties and liked the limelight. The Journal-Constitution reported Jewell had sought interviews with CNN, NBC and other news outlets. Complaint ¶¶ 58-59. III. The August 1 Article & Headline In an article written by Smith and Hardt on August 1 (“August 1 Article”), annexed, along with the front page of the NYP from this date, as Ex. D to the Smith Aff., Jewell claims that the NYP libeled him with respect to the following statements: Investigators say they’re closing in on “hero” security guard Richard Jewell as the Olympics bomber after searching his apartment for hours and carting off boxes of possible evidence. “We’re pretty confident it’s him, but we’re most concerned with making sure our case is airtight,” said a source close to the probe of the man suspected of planting the bomb that killed two people and injured 110 others. No charges have been filed, but probers say it may just be a matter of time. “Obviously, his profile is right-on,” the source said. “This is something I want to put in my Olympic scrapbook,” said Mike Pugliese. “Everybody here should be glad they finally got this guy. It’s good they made progress like this while the Games are still going on. I think it makes people feel safer and better.” Cleere, who wouldn’t tell reporters why Jewell was forced to leave, called the FBI to tell them that the former employee had been too zealous about his duties and sought attention. Complaint ¶ 74. Jewell also claims that the front page of the August 1 edition of the NYP (“August 1 Headline”) libeled him by publishing, underneath his photograph, the following headline: “Noose tightens around Olympic bomb suspect.” Complaint ¶ 90. IV. The August 1 Photograph The August 1 edition of the NYP also published a photograph of Jewell wearing camouflage hunting clothing and holding a machine gun. Below the picture appeared the following caption: “DRESSING THE PART: Suspect security guard Richard Jewell dearly fits the profile of the bomber, say federal investigators.” Above the picture appeared the following headline: “FEDS ‘HOME IN’ ON BOMB SUSPECT.” This headline appeared under the banner which the NYP used during its coverage of this event: “TERROR IN AMERICA.” A copy of this photograph and the accompanying text is annexed as Ex. D to the Smith Aff. (“August 1 Photograph”). See Complaint ¶¶ 102-03. V. The August 1 Cartoon Jewell also claims that a cartoon published in the August 1 edition of the NYP libeled him (“August 1 Cartoon”). See Complaint ¶¶ 115-16. A copy of the cartoon is annexed as Ex. A to the affidavit of Jan F. Constantine, sworn to on October 17, 1997. The cartoon depicts an individual sitting behind a desk with two signs on the wall behind him— a sign stating “Olympic Security” and a sign stating “Now Hiring.” The individual appears to be reviewing an employment application. Seated at the desk in front of the individual is a man with a long white beard, wearing a hat that resembles a turban. This man is carrying a large, round bomb. Standing behind this man is another applicant wearing a black ski mask. Wrapped around his waist is a belt of dynamite and in his hand is a plunger-type detonation device. Standing behind this man is a third individual whose full identity is obscured because approximately two-thirds of his body is not depicted in the cartoon, but who nonetheless appears to be Fidel Castro. This individual has a black beard, is wearing some sort of cap, and is carrying a long cylindrical bomb. VI.The August 2 Article In the August 2 edition of the NYP, Hardt and Smith published another article (“August 2 Article”) which contains the following allegedly libelous statements. Investigators vowed last night they were not backing off naming “hero” security guard Richard Jewell the No. 1 suspect in the Olympic bombing. The FBI took heat for seeming to lack enough evidence to arrest Jewell three days after leaking word that he was a suspect — but a law enforcement source said the feds continued to build a ease against him. “Any reports about us losing interest are just off right now,” the source said. “They’re not right. On a scale of 1 to 10 of our interest right now, he’s still a 10 and will remain a 10 until we find something else of interest.” “If he’s not the guy, he’s one sick puppy” The source also revealed that Jewell had exercised his right not to incriminate himself when he was called in to FBI offices for questioning Tuesday. “He came in but he didn’t talk. He said he didn’t want to talk unless his lawyer was present. I don’t know why he came in.” A law-enforcement officer who knew Jewell has told the FBI the burly security guard once said he possessed an anarchist manual. Such books sometimes contain detailed bomb-making instructions. Another law-enforcement source said Jewell’s arrest was not imminent. “It’s at least a matter of days,” the source said. There’s a lot of stuff to go through. Complaint ¶ 125. A copy of this article, along with the front page of the NYP from this date, is annexed as Ex. F to the Smith Aff. VIL The August 2 Photograph Jewell also claims that a photograph in the August 2 edition of the NYP libeled him (“August 2 Photograph”). See Complaint ¶¶ 14(M3. A copy of the photograph is annexed as Ex. F to the Smith Aff. The photograph is of a man, purported to be Jewell, standing behind and leaning against three bars. Jewell claims that the individual in the August 2 Photograph is not himself. See Complaint ¶ 142. Underneath the photograph, the following caption appears: “JEWELL WATCH: Jewell peers from stairway of his Atlanta home yesterday.” VIII. The NYP’s Motion The NYP moves to dismiss the Complaint for a variety of reasons and argues that the statements, photographs and cartoon do not support a cause of action in libel because the following affirmative defenses warrant dismissal: (1) some of the statements are incapable of a defamatory meaning; (2) some of the statements are substantially true; (3) Peyser and Smith lawfully relied upon information obtained from other sources (the so-called “wire service” defense); (4) many of the statements are non-actionable statements of opinion; (5) those statements which are actionable should nonetheless be dismissed under the incremental harm defense; and (6) Jewell has failed to plead special damages and the statements at issue are not libel per se. In connection with the wire service defense, the NYP’s moving papers included affidavits from Peyser and Smith setting forth factual material not found in the Complaint with respect to the merits of the defense. Accordingly, I granted Jewell the right to take Peyser’s and Smith’s depositions limited to matters concerning this defense and converted this portion of the motion into one for summary judgment. As to the remainder of the defenses asserted by the NYP, the motion is brought pursuant to Fed.R.Civ.P. 12(b)(6). DISCUSSION Overview I. It is beyond peradventure that the primary “sting” of the publications complained of is that Jewell is the “individual who was guilty or likely guilty of criminal involvement in the Centennial Olympic Park Bombing[,]” Complaint ¶ 88, and if, as it now appears, that charge is untrue, it is defamatory if uttered with the requisite state of mind. See infra note 18. Despite its length, the present motion does not raise this core issue. Rather, it raises a variety of pleading defenses (and the wire service defense) — sometimes several defenses for each individual statement complained of. Although this motion has resulted in a minor narrowing of the Complaint and the issues that must be resolved, the effort invested in it by the parties and the judicial resources required to resolve it (evidenced by an opinion in excess of one hundred pages) do not contribute in the least to the overall resolution of this action; the core issue of state of mind still awaits. 11. Choice of Law The parties did not address this matter, but briefed this motion under the assumption that New York law applies. That assumption is correct, but a few words as to why that is so are warranted. Jewell is a citizen of the State of Georgia. The events which gave rise to the allegedly libelous articles published by the NYP took place there as well. The NYP is incorporated under the laws of the State of Delaware and has its principal place of business in New York, where the allegedly libelous articles were published and primarily circulated. With these facts in mind, I turn to the substantive choice of law analysis. Ordinarily, a federal court sitting in diversity applies the forum state’s choice of law rules to decide which state’s substantive law applies. See Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941). In Weinstein v. Fried man, 94 Civ. 6803(LAP), 1996 WL 137313, at *8-*9 (S.D.N.Y. March 26, 1996), aff’d, 112 F.3d 607 (2d Cir.1996), I discussed in some detail New York’s choice of law rules with respect to defamation actions. In brief, a court considers nine contacts in order to determine which law to apply: (1) the state of the plaintiffs domicile; (2) the state of plaintiffs- principal activity to which the alleged defamation relates; (3) the state where the plaintiff in fact suffered greatest harm; (4) the state of the publisher’s domicile or incorporation; (5) the state where the defendant’s main publishing office is located; (6) the state of principal circulation; (7) the place of emanation; (8) the state where the libel was first seen; and (9) the law of the forum. Davis v. Costa-Gavras, 580 F.Supp. 1082, 1091 (S.D.N.Y.1984) (citing Palmisano v. News Syndicate Co., 130 F.Supp. 17, 19 & n. 2 (S.D.N.Y.1955)). Here, the first two factors tip in favor of applying Georgia law. As to the third factor, it is difficult to determine, in light of the absence of discussion regarding this issue, where Jewell suffered (assuming that he suffered) the greatest harm, although the likely answer is Georgia inasmuch as Jewell resided there during the events at issue and continues to do so to this date. At the same time, to the extent that he suffered injury, that injury was nationwide given the extensive coverage this matter received. Regardless, the remaining six factors all point towards application of New York law. See, e.g., Levin v. McPhee, 917 F.Supp. 230, 235-36 (S.D.N.Y.1996) (holding, where plaintiff was a non-domiciliary of New York, that New York law applied because the authors and publishers resided in New York and the first publication was also in New York), aff’d on other grounds, 119 F.3d 189, 195 n. 4 (2d Cir.1997) (finding that plaintiff had failed to appeal the choice-of-law raling); Weinstein, 1996 WL 137313, at *9 (same result under similar circumstances). Accordingly, New York law applies. III. Defamatory Meaning The NYP argues, with respect to a number of different statements noted above, that they are not capable of a defamatory meaning as a matter of law. As is set forth below generally as a matter of law and specifically with respect to each statement complained of, it is the context of the statements that is dispositive here. Many of the statements complained of are not defamatory when viewed in isolation; for example, the reference to Jewell as a “crossing guard.” However, when viewed in the context of the publications in question, which suggest that Jewell was responsible for a “major act of terrorism” and a “deadly bombing,” as to most of the statements, I cannot say as a matter of law that no reasonable juror could find the statements defamatory. Therefore, for the reasons that follow, the motion to dismiss is granted in part and denied in part. It is the duty of the courts, in the first instance, to determine whether “the statement alleged to have caused plaintiff an injury is reasonably susceptible to the defamatory meaning imputed to it.” Levin, 119 F.3d at 195 (emphasis added) (citing James v. Gannett Co., 40 N.Y.2d 415, 419, 386 N.Y.S.2d 871, 874, 353 N.E.2d 834, 837-38 (1976)). It remains the exclusive duty of the jury to determine whether a plaintiff has in fact been defamed. See id. This separation of roles leads to an important limitation on the nature of the inquiry I am required to make: On a motion to dismiss or for summary judgment, the issue is not whether the court regards the language as libelous, but whether it is reasonably susceptible of such a construction. The court may not ... interfere with the jury’s role by treating as nondefamatory a statement that a reasonable juror may fairly read in context as defamatory. Kelly v. Schmidberger, 806 F.2d 44, 46 (2d Cir.1986) (internal quotation marks and citation omitted); see also Bardey v. Brooke-Hitching, 167 A.D.2d 141, 141, 561 N.Y.S.2d 455, 455-56 (1st Dep’t 1990). A statement is “reasonably susceptible” of a defamatory meaning when it “ ‘tend[s] to expose a person to hatred, contempt or aversion, or to induce an evil or unsavory opinion of him in the minds of a substantial number in the community.’ ” Levin, 119 F.3d at 195 (quoting Tracy v. Newsday, Inc., 5 N.Y.2d 134, 136, 182 N.Y.S.2d 1, 3, 155 N.E.2d 853, 854 (1959)); see also Fairley v. Peekskill Star Corp., 83 A.D.2d 294, 296, 445 N.Y.S.2d 156, 158 (2d Dep’t 1981) (statement is capable of a defamatory meaning if it “ ‘tend[s] to expose one to public hatred, shame, obloquy, contumely, odium, contempt, ridicule, aversion, ostracism, degradation or disgrace, or to induce an evil opinion of one in the minds of right-thinking persons, and to deprive one of their confidence and friendly intercourse in society’ ” (quoting Kimmerle v. New York Evening Journal, 262 N.Y. 99, 102, 186 N.E. 217, 218 (1933))). In making this evaluation, I must read the words naturally, in context and as an average reader would: In analyzing the words in order to ascertain whether a question of fact exists for resolution upon trial, the court will not pick out and isolate particular phrases but will consider the publication as a whole. The publication will be tested by its effect upon the average reader. The language will be given a fair reading and the court will not strain to place a particular interpretation on the published words. The statement complained of will be read against the background of its issuance with respect to the circumstances of its publication. It is the duty of the court, in an action for libel, to understand the publication in the same manner that others would naturally do. The construction which it behooves a court of justice to put on a publication which is alleged to be libellous is to be derived as well from the expressions used as from the whole scope and apparent object of the writer. James, 40 N.Y.2d at 419-20, 386 N.Y.S.2d at 874-75, 353 N.E.2d at 838 (internal quotation marks and citation omitted); see also Levin, 119 F.3d at 195; Golub v. Enquirer/Star Group, Inc., 89 N.Y.2d 1074, 1076, 659 N.Y.S.2d 836, 837, 681 N.E.2d 1282, 1283 (1997). A. The July 31 Column & Headline The NYP claims that the following statements, or underscored portions thereof (which are set forth below in the passages from which they appear so that the full context of the statement can be measured), in the July 31 Column are not actionable because they are not reasonably susceptible of a defamatory meaning: Who checked “Rambo” crossing guard’s record? He was a fat, failed former sheriffs deputy who spent most of his working days as a school crossing guard, and yearned to go further. But he lost his job on the county force, after six years, when he wrecked a squad car. The final straw came after Jewell got up in the middle of the night and set up a road block around the campus, hunting for people driving under the influence, said a source speaking on condition of anonymity. “He was let go after that,” said the source. “He was a straight arrow who overdid everything,” college president Ray Cleere told me yesterday. It wasn’t that Jewell was brutal. But on a campus of 1,000 students, where the worst imaginable problems might involve open beer containers and loud music, Jewell seemed desperate to stand out as a hero. “But these aren’t the streets of New York. We have a small, country town with a small liberal-arts college. He over-investigated everything.” As an example, Cleere said disputes that could be resolved with a little adult mediation often turned into federal cases. Metcalf Aff.Ex.B. Turning first to the reference that Jewell was a “crossing guard,” the NYP does not claim that Jewell was in fact a crossing guard. See Metcalf Aff.Ex. B. Thus, because it was not used to convey the truth, the phrase must have some other meaning. Read in context, it can suggest that Jewell’s prior work history was insubstantial and insignificant and that Jewell was not capable of more demanding law enforcement work. Indeed, it is linked with the view expressed in the beginning of the sentence that Jewell was a failure. This is also emphasized in the use of this phrase prior to the expression that Jewell “yearned to go further[,]” i.e., that Jewell hoped to achieve a job of more importance than that of a “crossing guard.” Finally, this notion is expressed in Peyser’s statement that Jewell was “desperate to stand out as a hero.” It is not unreasonable to read this statement as implying that this “desperation]” sprang from prior work which was not meaningful. Under such a contextual reading, I cannot say that use of the phrase “crossing guard” is not capable of a defamatory meaning. Although the term may have an entirely innocent meaning under some circumstances, it is reasonable to read these statements as aspersions on what Peyser perceived to have been the trivial nature of Jewell’s work history and, more broadly, of Jewell’s lack of ability. See Balabanoff v. Hearst Consolidated Publications, 294 N.Y. 351, 355, 62 N.E.2d 599, 601 (1945) (“[W]ords which alone are innocent may in their context clearly be capable of a defamatory meaning and may be so understood.”) (internal quotation marks and citation omitted). The same result is required with respect to a group of statements that may be broadly summarized as expressions of the view that Jewell was too aggressive in pursuing his prior jobs&emdash;that he set up a road block hunting for people driving under the influence, that he was a “straight arrow who overdid everything” and “over-investigated everything” and was “desperate to stand out as a hero” and that he turned some matters “into federal cases.” The NYP argues that these statements only suggest that Jewell “was a competent worker who was dissatisfied with the nature of the law enforcement job he held at Piedmont.” Memorandum of Law of Defendant NYP Holdings, Inc. in Support of Its Motion to Dismiss the Complaint, to be Converted to a Motion for Summary Judgment, dated October 17, 1997, at 15-16 (“NYP Mem.”). Consistent with this reading of these statements, the NYP emphasizes that the July 31 Column states that he was a “well-meaning young man who worked very hard” and that he “was an aggressive, competent officer.” Id. at 16. This is certainly fair argument, and a jury might very well agree with this reading of the column. I cannot, however, exclude the possibility that a jury might also find that the statements portray Jewell in a negative light of “contempt or aversion” or induce an “unsavory opinion” of him in the community. In addition to the positive statements that the NYP relies upon, the column also contains a fair measure of what can only be characterized as negative commentary. Again, Jewell is described as a “failed” deputy, a “homegrown failure” and as someone whose employment history at Piedmont College was a “disaster.” Peyser also described Jewell as a “disgraced former deputy and fired campus security guard.” Finally, the obvious bears mention: these statements concerning Jewell’s alleged over-aggressive nature appear in a column in which the main purpose was not to praise Jewell for his role in the bombing, but rather to suggest that he may have been responsible for a “major act of terrorism” and a “deadly bombing.” In addition, these statements are more than just unrelated negative aspersions that bear no relationship to the specific statements concerning Jewell’s alleged over-aggressiveness; rather they set the overall tone in which the specific statements must be viewed. See Levin, 119 F.3d at 196 (“Because defamatory meaning is drawn from the words used and their context, we cannot ignore the implications about [plaintiff] from assertions made in the article, read in conjunction with the fact that [plaintiff] was at the scene [of the murder described in the defendant’s book].”). A juror may well conclude that the reason Jewell was a “homegrown failure,” a “disaster” and a “disgraced former deputy” was precisely because he was too aggressive. In other words, Jewell’s alleged over-aggressiveness is directly linked to Peyser’s view that Jewell was a failure. While in a different context these statements ascribing over-aggressive professional behavior to Jewell might be wholly non-defamatory, here a juror could reasonably conclude that they portray Jewell as “an individual with an aberrant and/or violent personality and a bizarre employment history.” Complaint ¶ 47. As a result, the NYP’s motion must be denied. B. The July 31 Article With respect to the July 31 Article, the NYP claims that the following statements, or underscored portions thereof, are not actionable because they do not possess a defamatory meaning: Cleere said Jewell had been given the option of resigning or being fired in May because he was overly enthusiastic about his police duties and liked the limelight. The Journal-Constitution reported Jewell had sought interviews with CNN, NBC and other news outlets. Metcalf Aff.Ex. B. The statement that Jewell was “overly enthusiastic” is another means of expressing the view that he “overdid everything” and, for the same reasons discussed supra, is capable of a defamatory meaning when read in context with the July 31 Column. In addition, this statement, taken in isolation from the July 31 Column, is linked to Jewell's being given the option of “resigning or being fired” because he was “overly enthusiastic” and “liked the limelight.” In other words, because these qualities purportedly led Cleere to consider firing Jewell, a reader may very well have formed an “unsavory” opinion of Jewell based on these observations and I, therefore, cannot conclude as a matter of law that the statement is not capable of a defamatory meaning. Turning to the statement that Jewell “sought interviews with CNN, NBC and other news outlets!,]” this statement is actionable under the circumstances as well. The NYP argues that these statements are not defamatory because “[s]eeking media attention, while perhaps undignified, is not illegal or immoral.” NYP Mem. at 15. While it may be true that these actions are not “illegal or immoral,” the law does not require them to be either in order for the statements to be capable of a defamatory meaning. It is enough if the statement “ ‘tend[s] to expose a person to hatred, contempt or aversion, or to induce an evil or unsavory opinion of him in the minds of a substantial number in the community.’” Levin, 119 F.3d at 195 (quoting Tracy v. Newsday, Inc., 5 N.Y.2d 134, 136, 182 N.Y.S.2d 1, 3, 155 N.E.2d 853, 854 (1959)); see also Lewis v. Newsday, Inc., 246 A.D.2d 434, 668 N.Y.S.2d 377, 379 (1st Dep’t 1998) (printed statement that plaintiff said “ & $@$ $&!!!!” to a reporter interpreted to mean that plaintiff “unleashed a barrage of unprintable expletives at [a] reporter, a significant breach of propriety” and holding that such a statement was capable of a defamatory meaning because “the impression is arguably created that plaintiff was a boor who might well have engaged in the misconduct alleged”). The NYP is certainly correct, however, in implying that under some circumstances, there is nothing defamatory about seeking media attention. Here, however, Jewell was portrayed as someone who was forced to choose between being fired or resigning because he “liked the limelight.” The additional factual statement that, at a later point in time, he “sought interviews” with major media outlets reinforces the view that Jewell’s “likfing] the limelight” led to his loss of employment. While under some circumstances a statement that an individual sought media attention may be incapable of a defamatory meaning, here, when viewed in its broader context, the statement is capable of a defamatory meaning. See Netzer v. Continuity Graphic Assocs., Inc., 963 F.Supp. 1308, 1324 (S.D.N.Y.1997) (“If the statement complained of is susceptible of more than one meaning, at least one of which is defamatory, the claim must go to the jury.” (citing James, 40 N.Y.2d at 419, 386 N.Y.S.2d at 874, 353 N.E.2d at 837-38)). C. The August 1 Article Turning to the August 1 Article, the NYP claims that the following statements, or underscored portions thereof, are not capable of implying a defamatory meaning: “Obviously, his profile is right-on,” the source said. “This is something I want to put in my Olympic scrapbook,” said Mike Pugliese. “Everybody here should be glad they finally got this guy. It’s good they made progress like this while the Games are still going on. I think it makes people feel safer and better.” Cleere, who wouldn’t tell reporters why Jewell was forced to leave, called the FBI to tell them that the former employee had been too zealous about his duties and sought attention. Metcalf Aff.Ex. B. For the same reasons discussed in connection with the July 31 Column and the July 31 Article, the statement that Jewell was “too zealous about his duties and sought attention” is actionable. As to the statement that Jewell’s “profile is right on,” the NYP argues that this “suggests only that Jewell fit a number of characteristics of that profile. Certainly profiles, by their very nature, include numbers of innocent persons.” NYP Mem. at 16. This argument ignores the implications of being identified as someone who fits the profile of the perpetrator of a “major act of terrorism.” Such an identification certainly “expose[s] a person to hatred, contempt or aversion, or ... induce[s] an evil or unsavory opinion [of that person] in the community.” Although the net cast by a criminal profile may well capture a number of innocent people, that fact does not change the damaging impact On the innocents snared. As in this case, a person who fits the profile is identified as someone who may have been involved in a criminal act. Such a false accusation is not without its sting or pain. See, e.g., Levin, 119 F.3d at 195 (statement implicating someone in a murder, even though such an implication appeared “among conflicting and speculative versions of an unresolved mystery,” was capable of a defamatory meaning and motion to dismiss was properly denied); Kelly, 806 F.2d at 47 (statement that plaintiffs, ordained Roman Catholic priests, may have placed church property “in them own names” held to be capable of a defamatory meaning because “[t]he ordinary reader ... might well read these words as accusing plaintiffs of fraudulent, if not illegal, activity” and concluding that “[a] charge of corrupt or criminal conduct is clearly sufficient to sustain an action for libel”). As a result, the NYP’s motion on this statement must be denied. Finally, the statement by Mr. Pug-liese is not capable of a defamatory meaning. Although the remainder of the statement is capable of a defamatory meaning, and the NYP does not argue otherwise, the statement concerning Mr. Pugliese’s scrap book bears no relationship to it and does not even directly concern or implicate Jewell. As the NYP argues, it is not defamatory for a “gawker observing the FBI’s search of Jewell’s home to state that he wished to document the event by putting it in his Olympic scrapbook.” NYP Mem. at 16 (internal quotation marks omitted). D. The August 1 Photograph The NYP argues that the August 1 Photograph, described supra, is not capable of a defamatory meaning. As the NYP points out, Jewell does not dispute that this is a photograph of him. Accordingly, its defamatory meaning can only flow from the manner in which the photograph is portrayed in the broader setting of the newspaper, including its caption. See, e.g., Bytner v. Capital Newspapers, 67 N.Y.2d 914, 916, 501 N.Y.S.2d 812, 812, 492 N.E.2d 1228, 1228 (1986); Alvarado v. K-III Magazine Corp., 203 A.D.2d 135, 135-36, 610 N.Y.S.2d 241, 242 (1st Dep’t 1994); Gambuzza v. Time, Inc., 18 A.D.2d 351, 353, 239 N.Y.S.2d 466, 469 (1st Dep’t 1963); Da Silva v. Time Inc., 908 F.Supp. 184, 186-87 (S.D.N.Y.1995); Church of Scientology Int’l v. Time Warner, Inc., 806 F.Supp. 1157, 1161 (S.D.N.Y.1992). A photograph which is otherwise' an accurate picture of a plaintiff may nonetheless be actionable where the caption suggests something defamatory and false about the plaintiff. See Da Silva, 908 F.Supp. at 186-87 (photograph of plaintiff dressed in a “short, tight, multi-strapped dress” with a caption stating that plaintiff “wanders by a waterfront bar looking for customers” held to be capable of a defamatory meaning where plaintiff was once a prostitute, but was no longer a prostitute at the time the photograph was published). Here, the caption underneath the photograph reads: “DRESSING THE PART: Suspect security guard Richard Jewell clearly fits the profile of the bomber, say federal investigators.” Above the picture appears the following headline: “FEDS ‘HOME IN’ ON BOMB SUSPECT.” This headline in turn appears under the banner which the NYP used during its coverage of this event: “TERROR IN AMERICA.” The NYP argues that the photograph, along with these captions, is not defamatory because the statement that Jewell was “dressing the part suggests simply that Jewell looks, in this particular picture, like a person who might fit the profile of the bomber. It does not imply that he was, in fact, the person responsible.” NYP Mem. at 28. This argument must fail for two reasons. First, as discussed supra, I have already held that statements which suggest that Jewell “fit the profile of the bomber” are capable of a defamatory meaning. Thus, to the extent that the NYP argues that this photograph is not actionable because the language “dressing the part” refers to Jewell’s “fit[ting] the profile,” that argument is rejected. Second, while the phrase “dressing the part” can be read to refer to Jewell’s “fitfting] the profile of the bomber,” it is also reasonable to read the phrase as suggesting that Jewell was in fact the bomber. In this reading, “part” refers not to a profile, but rather to an actual role, ¿a, the bomber. This reading is consistent with the headline that appears over the photograph: “FEDS ‘HOME IN’ ON BOMB SUSPECT.” Accordingly, and because such a reasonable reading would clearly be capable of a defamatory reading, the NYP’s motion is denied. E. The August 2 Article Finally, the NYP claims that the following two statements are not reasonably susceptible of a defamatory meaning: The source also revealed that Jewell had exercised his right not to incriminate himself when he was called in to FBI offices for questioning Tuesday. “He came in but he didn’t talk. He said he didn’t want to talk unless his lawyer was present. I don’t know why he came in.” Metcalf Aff.Ex. B. The essence of the NYP’s argument is that there is nothing defamatory about exercising the right not to incriminate one’s self, nor is there anything defamatory about refusing to speak to the authorities until one’s lawyer is present. See Reply Memorandum of Law of Defendant NYP Holdings, Inc. In Further Support of Its Motion to Dismiss the Complaint, to be Converted to a Motion for Summary Judgment, dated March 18, 1998, at 10-11 (“NYP Reply Mem.”). I agree. A newspaper should be able to print (even falsely) that an individual exercised a constitutional right without fearing a subsequent libel action. Such statements do not subject individuals to the type of “hatred, contempt or aversion” that the law requires for a statement to be capable of a defamatory meaning. See Levin, 119 F.3d at 195 (internal quotation marks and citation omitted). The cases Jewell relies upon do not persuade me otherwise. In Adams v. Daily Telegraph Printing Co., 292 S.C. 273, 356 S.E.2d 118 (S.C.Ct.App.1986), aff’d on other grounds, 295 S.C. 218, 367 S.E.2d 702 (1988), plaintiff brought suit based upon a news broadcast that accused him of murdering two young children. During the broadcast, one of the victim’s parents, referring to the plaintiff, stated as follows: [W]e would like to announce that [plaintiff] employed an attorney approximately a year ago and both he and his attorney ... have refused to cooperate. The public is free to draw their own conclusion. I don’t believe when our forefathers placed the Fifth Amendment in our Constitution that they intended it as a technicality to hide behind in a matter as serious as this, when your own child has been murdered. Id. at 120. The court held that this statement was capable of a defamatory meaning. See id. at 122. Unlike the neutral statement of purported fact reported by the NYP, this statement is laden with innuendo and suggestion that the plaintiff was guilty of the crime charged, and this implication was specifically linked to the Fifth Amendment when the speaker referred to “hid[ing] behind” it. Indeed, the court recognized this when it reasoned that by using the phrase “the public is free to draw their own conclusion,” the speaker “made manifest” his intention that the public “draw a conclusion from the broadcast other than the literal meaning[.]” See id. In addition, other statements during the broadcast indicated that plaintiff refused to take a truth serum and submit to questioning. See id.; see also Molnar v. Star-Ledger, 193 N.J.Super. 12, 471 A.2d 1209, 1212 (N.J.Super.Ct.App.Div.1984) (holding that statement that the plaintiff refused to take a lie detector test was capable of a defamatory meaning). Here, the statements concerning Jewell’s invocation of the Fifth Amendment and desire to have his attorney present do not suggest that readers should draw an inference of guilt from that fact alone. Nor does the statement appear in a manner that suggests that Jewell refused to cooperate with the investigation. Accordingly, neither Adams nor Molnar convinces me that the statements at issue herein are capable of a defamatory meaning, and the NYP’s motion is granted. F. The August 2 Photograph Finally, the NYP argues that nothing about the August 2 Photograph is capable of a defamatory meaning. See NYP Mem. at 29. Briefly, the photograph is of a man, purported to be Jewell (a fact that Jewell disputes), standing behind and leaning against three bars. Underneath the photograph, the following caption appears: “JEWELL WATCH: Jewell peers from stairway of his Atlanta home yesterday.” Jewell claims that the photograph is capable of a defamatory meaning because it portrays him “as an individual behind bars who was guilty of criminal involvement in the Centennial Olympic Park bombing.” Complaint ¶ 143. This argument simply makes no sense. No reasonable reader of the NYP could conclude that the NYP was suggesting that Jewell was behind bars, as the caption of the photograph states that Jewell was “peer[ing] from [the] stairway of his Atlanta home yesterday” and it was quite clear from the other articles that an arrest had not been made. Moreover, while other statements discussed thus far suggest that Jewell was responsible for the bombing, nothing about the picture is capable of such a suggestion. As a result, the NYP’s motion is granted. IV. Substantial Truth Under New York law, it is well-settled that “‘truth is an absolute, unqualified defense to a civil defamation action.’” Guccione v. Hustler Magazine, Inc., 800 F.2d 298, 301 (2d Cir.1986), cert. denied, 479 U.S. 1091, 107 S.Ct. 1303, 94 L.Ed.2d 158 (1987) (quoting Commonwealth Motor Parts Ltd. v. Bank of Nova Scotia, 44 A.D.2d 375, 378, 355 N.Y.S.2d 138, 141 (1st Dep’t 1974) (citation omitted), aff’d, 37 N.Y.2d 824, 377 N.Y.S.2d 482, 339 N.E.2d 888 (1975)). It is an equally fundamental concept that “ ‘substantial truth’ suffices to defeat a charge of libel.” Id. (quoting Fairley v. Peekskill Star Corp., 83 A.D.2d 294, 297, 445 N.Y.S.2d 156, 159 (2d Dep’t 1981)); see also Carter v. Visconti 233 A.D.2d 473, 474, 650 N.Y.S.2d 32, 33 (2d Dep’t 1996), leave to appeal denied, 89 N.Y.2d 811, 657 N.Y.S.2d 403, 679 N.E.2d 642 (1997). A statement is substantially true if the statement would not “have a different effect on the mind of the reader from that which the pleaded truth would have produced.” Fleckenstein v. Friedman, 266 N.Y. 19, 23, 193 N.E. 537, 538 (1934); see also Cafferty v. Southern Tier Publishing Co., 226 N.Y. 87, 93, 123 N.E. 76, 78 (1919) (“When the truth is so near to the facts as published that fíne and shaded distinctions must be drawn and words pressed out of their ordinary usage to sustain a charge of libel, no legal harm has been done.”); Chung v. Better Health Plan, No. 96 Civ. 7310(JGK), 1997 WL 379706, at *2 (S.D.N.Y. July 9, 1997); Vetere v. Associated Press, Inc., No. 88 Civ. 4115(MGC), 1989 WL 39664, at *1 (S.D.N.Y. April 17, 1989). Thus, under New York law, “it is not necessary to demonstrate complete accuracy to defeat a charge of libel. It is only necessary that the gist or substance of the challenged statements be true.” Printers II, Inc. v. Professionals Publishing, Inc., 784 F.2d 141, 146 (2d Cir.1986); see also Korkala v. W.W. Norton & Co., 618 F.Supp. 152, 155 (S.D.N.Y.1985) (“Slight inaccuracies of expression are immaterial provided that the defamatory charge is true in substance.”) (internal quotation marks and citation omitted); Sharon v. Time, Inc., 609 F.Supp. 1291, 1294 (S.D.N.Y.1984) (“Defendant is permitted to prove the substantial truth of this statement by establishing any other proposition that has the same ‘gist’ or ‘sting’ as the original libel, that is, the same effect on the mind of the reader.”). Here, the NYP claims that Peyser’s statements, in the July 31 Column, that Jewell was “a prime suspect” and “the main suspect” are substantially true. See Metcalf Aff.Ex. B. Because this aspect of the motion is brought pursuant to Fed.R.Civ.P. 12(b)(6), I must take the allegations in the Complaint as true, and the NYP is precluded from arguing to the contrary. Accordingly, the NYP must rely upon statements contained in the Complaint, or any other admissions in these motion papers, to establish the truth against which these statements must be evaluated. See Armstrong v. Simon & Schuster, Inc., 85 N.Y.2d 373, 379-80, 625 N.Y.S.2d 477, 480-81, 649 N.E.2d 825 (1995) (Kaye, C.J.) (recognizing the propriety of resolving this issue on a motion to dismiss, but emphasizing the limitations inherent in this procedural posture); Chung, 1997 WL 379706 at *2-*3 (addressing a motion to dismiss and holding, based solely upon a comparison of allegations contained in a complaint, that challenged statements were substantially true). In other words, the NYP is precluded from introducing anything not contained in the Complaint to establish the truth of the statements that Jewell was the “main” or “prime” suspect. The Complaint alleges that Jewell “was investigated by the FBI.” Complaint ¶ 34; see also id. ¶ 35 (“[T]he FBI scrutiny of Mr. Jewell was brought to a conclusion.”). In addition, Jewell admits, based upon allegations contained in the Complaint, see id. at ¶¶ 30, 34-47, that he was “a suspect.” See Jewell Mem. at 11; see also August 1 Article; Smith Aff.Ex. D (“Jewell’s lawyer, Watson Bryant, initially denied Jewell was a suspect but later admitted: ‘If they’re searching the place, yeah, he’s a suspect.’ ”). Accordingly, this aspect of the NYP’s motion turns upon whether Peyser’s statements that Jewell was the “main” or “prime” suspect are substantially true in light of Jewell’s admission that he was “a” suspect. For the reasons that follow, this aspect of the NYP’s motion is granted. Not surprisingly, a review of the case law in this area does not provide any authority one way or the other on this precise, intensely factual, question. Nor does it provide any guidance in even a remotely analogous set of circumstances. What it does reveal is that the cases addressing the extent to which a given statement is substantially true fall along a broad spectrum. At one extreme are cases where a statement is held to be non-actionable less because it was substantially true and more because it was completely true. See, e.g., Carter, 233 A.D.2d at 474, 650 N.Y.S.2d at 33 (claim that defendant committed libel by informing the authorities that plaintiff was endorsing checks made payable to the defendant and depositing them in plaintiffs account held non-actionable where plaintiff had in fact endorsed checks made payable to the defendant); Love v. William Morrow and Co., 193 A.D.2d 586, 587-88, 597 N.Y.S.2d 424, 426 (2d Dep’t 1993) (statement that plaintiff, a reporter for the New York Times, had informed opposition forces in Iranian civil war that “weak guard forces” surrounded a leader’s home held to be substantially true where plaintiff first stated as much in a term paper he wrote for a graduate course); Kraus v. Brandstetter, 167 A.D.2d 445, 445-46, 562 N.Y.S.2d 127, 129 (2d Dep’t 1990) (statement that “your boss is going to be fired” held to be substantially true where boss was subsequently fired). In the middle, broadly speaking, are two types of cases. In the first, while the statement is not completely true, one struggles to identify any area of ambiguity as to truth. See, e.g., Aequitron Medical, Inc. v. CBS, Inc., 964 F.Supp. 704, 716 (S.D.N.Y.1997) (applying Minnesota law, which does not appear to be any different from New York law with respect to this question, and holding that use of the word “alarm” was substantially true where truth was that plaintiff used a “monitor” device); Chung, 1997 WL 379706 at *2-*3 (statements that plaintiff “had a sexual harassment lawsuit” pending against her employer and that plaintiff had been “terminated” from her employment held to be substantially true when plaintiff had an EEOC charge pending and had been “constructively discharged”); Vetere, 1989 WL 39664 at *2 (holding that statement that plaintiff was a member of the American Nazi Party was substantially true where plaintiff had participated in a march organized by the National Socialist White People’s Party, the successor organization to the American Nazi Party); Miller v. Journal-News, 211 A.D.2d 626, 627, 620 N.Y.S.2d 500, 501 (2d Dep’t 1995) (statement that plaintiff was “suspended” substantially true where plaintiff was placed on “administrative leave”). In the second, the stretch between the statement and the admitted truth becomes more tenuous, but still the overall “gist” or “sting” cannot be said to be “substantially” different. See, e.g., Guccione, 800 F.2d at 302-03 (holding that statement which implied that plaintiff was then currently an adulterer was substantially true where plaintiff had ceased being an adulterer but had “unabashedly committed adultery” for thirteen of seventeen years); Printers II, 784 F.2d at 146-47 (even though statement was “literally false” and “may have impliedly misrepresented” that plaintiff was overdue in paying its bills, statement was nonetheless substantially true because plaintiff was disputing the bills “with such vigor” that plaintiff had no intention of paying the bills when due); Corporate Training Unlimited, Inc. v. National Broadcasting Co., 981 F.Supp. 112, 120-21 (E.D.N.Y.1997) (statement that plaintiff was “forced to leave the military for less than satisfactory service” held to be substantially true where plaintiff, rather than face a court martial, submitted a request for discharge “for the good of the service” after it was discovered that plaintiff had engaged in various “financial improprieties”) (internal quotation marks omitted); Contemporary Mission, Inc. v. The New York Times Co., 665 F.Supp. 248, 259-60 (S.D.N.Y.1987) (statement that the State of Connecticut had issued a cease and desist order against plaintiff “for failing to deliver merchandise” held to be substantially true where the order provided that plaintiff should desist from “accepting mail orders and payments for its merchandise and then failing to deliver either the ordered merchandise or refunds within a reasonable period of time”) (internal quotation marks omitted), aff’d, 842 F.2d 612 (2d Cir.), cert. denied, 488 U.S. 856, 109 S.Ct. 145, 102 L.Ed.2d 117 (1988). Finally, at the other extreme, are those cases in which a defendant simply asks too much in assex-ting that a statement is substantially true because the difference between the two is plainly substantial. See, e.g., Da Silva v. Time Inc., 908 F.Supp. 184, 186-87 (S.D.N.Y.1995) (holding, in contrast to Guccione, that photograph of plaintiff which identified her as a prostitute was not substantially true where plaintiff had been a prostitute for some six years but was not at the time of publication); Dibble v. WROC TV Channel 8, 142 A.D.2d 966, 966-67, 530 N.Y.S.2d 388, 388-89 (4th Dep’t 1988) (holding that statement that plaintiff was “indicted on charges of fraud, embezzlement and securities violations” and that plaintiff was “accused of misuse of clients’ escrow accounts and stock fraud” was not substantially true where plaintiff had been indicted for grand larceny in the second degree after stealing more than $1,500 worth of property from NEC Home Electronics) (internal quotation marks omitted). After reviewing these cases in light of the circumstances presented herein, I find that much like the second category of statements that fall along the middle portion of the spectrum, the statements that Jewell was the “main” or “prime” suspect are substantially true in light of his admission that he was “a” suspect. Admittedly, there is a difference between the statements inasmuch as the word “a” implies that Jewell was one of a few people being investigated, whereas the plain meaning of the words “prime” and “main” indicate that Jewell was the leading suspect. Nonetheless, a reasonable reader would not have reacted differently to either these specific statements or the overall content of the July 31 Column based upon this difference in terminology. Under either usage, the main “sting” or “gist” of the overall content of the column was the same — Jewell was suspected of having planted the bomb and was being actively investigated by the authorities. In this sense, the pleaded truth, that Jewell was “a suspect,” would not have produced a different meaning in the minds of readers because someone accused of being “a suspect” could still be suspected of having committed the crime and could still be the subject of an active investigation. This is all the more the case when one reads these isolated phrases in context with the remainder of the statements in which they appear: Richard Jewell, the Olympic security guard who’s reportedly turned into a prime suspect for Saturday’s deadly bombing, had a reputation for being the Village Rambo in Habersham County — a rural area in the north Georgia mountains that actually sees snow in winter. “That the main suspect in a major act of terrorism is a home-grown failure is both a relief — and a major embarrassment — to this city’s real law-enforcement people.” July 31 Column; Peyser Aff.Ex. E. In neither instance did the language emphasize that Jewell was the leading suspect or that this was somehow critical. Indeed, in both instances use of the words “prime” and “main” seems almost ancillary to the overall thrust of the statements. In the first statement the general thought conveyed is that Jewell had a reputation for being “the Village Rambo” — which (as discussed in greater detail infra, Part VI) is a phrase devoid of precise meaning but which, in context, conveys the notion that Jewell was overly aggressive in pursuing his law enforcement duties. In the second, the main idea expressed is that Jewell was a “home-grown failure” as a law enforcement officer and that this should be both a source of relief and embarrassment, for reasons that are not entirely clear. In either case, the meaning of the words “main” or “prime,” and the specific implication to which Jewell objects, was not the central focus of the thoughts conveyed. Accordingly, reading the words in their immediate context adds further support for the conclusion that the “gist” or “sting” of these words and the admitted truth would not have produced a different effect on the average reader. The NYP’s motion is, therefore, granted. V. The Republication Defense The NYP argues than many of the statements contained in the July 31 Column, the July 31 Article, the August 1 Article and the August 2 Article are protected by what is sometimes referred to as the wire service defense. The sources for these various reports varied, but included wire reports published by the Associated Press (“AP”) and broadcasts by Cable News Network (“CNN”). Also at issue is whether two articles published by the AJC were relied upon. For the reasons that follow, the NYP’s motion for summary judgment on this ground is denied. The wire service defense was first articulated by the Supreme Court of Florida in Layne v. Tribune Co., 108 Fla. 177, 146 So. 234 (1933) (en banc). There, the defendant republished two AP wire reports concerning the alleged unlawful possession of alcohol by Congressman Edward E. Dennison. See id. at 235-36. In granting the defendant’s motion to dismiss, the Florida Supreme Court recognized that local newspapers must frequently gather information from a number of outside sources in order to provide readers with coverage of world and national events. See id. at 237-39. The court further noted the public benefit obtained from this practice and accordingly articulated the following rule: The mere reiteration in a daily newspaper, of an actually false, but apparently authentic news dispatch, received by a newspaper publisher from a generally recognized reliable source of daily news, such as some reputable news service agency engaged in collecting and reporting the news, cannot through publication alone be deemed per se to amount to an actionable libel by indorsement, in the absence of some showing from the nature of the article published, or otherwise, that the publisher must have acted in a negligent, reckless, or careless manner in reproducing it to another’s injury. Id. at 238. Some courts continue to cite Layne approvingly. See, e.g., Winn v. Associated Press, 903 F.Supp. 575, 578-80 (S.D.N.Y.1995) (applying Virginia law), aff’d, 104 F.3d 350 (2d Cir.1996); Brown v. Courier Herald Publishing. Co., 700 F.Supp. 534, 537-38 (S.D.Ga.1988) (applying Georgia law); Nelson v. Associated Press, Inc., 667 F.Supp. 1468, 1476-77 (S.D.Fla.1987) (applying Florida law). Curiously, Layne has not been, cited in any reported decision of a New York State court. Rather, New York has adopted a similar, but somewhat broader, rule with respect to republication: “[A] company or concern which simply republishes a work is entitled to place its reliance upon the rese