1. The First Amendment: Freedom of the Press
The First Amendment to the US Constitution guarantees freedom of the press. This means that the government cannot censor or restrict what is published, even if it's negative or harmful.
2. Defamation
However, the First Amendment is not absolute. Nonprofits can sue for defamation if a published story:
* Is false: The story must contain false information about the nonprofit.
* Is defamatory: The false information must damage the nonprofit's reputation or cause harm to its business interests.
* Is published with malice (for public figures): If the nonprofit is a public figure, the plaintiff must prove the publisher acted with "actual malice," meaning they knew the information was false or recklessly disregarded the truth. This is a very high standard.
3. Privacy
Nonprofits can also sue for invasion of privacy if a true story reveals personal information about them that is:
* Private: The information is not a matter of public concern.
* Public disclosure is highly offensive: The disclosure of the information would be highly offensive to a reasonable person.
4. Other Legal Claims
Depending on the specifics of the story and the state's laws, a nonprofit might also have claims for:
* False light: If the story portrays the nonprofit in a false light that is highly offensive.
* Intentional infliction of emotional distress: If the story caused severe emotional distress to the nonprofit.
5. The Importance of Truth
It is crucial to note that publishing a true story, even if it's negative, is generally protected under the First Amendment. The courts are hesitant to allow lawsuits that would chill free speech.
6. Consider These Factors
* The nature of the story: Was it a factual account of an event, or did it contain opinions or interpretations?
* The public interest: Did the story serve a public interest?
* The intent of the publisher: Did the publisher act with malice or negligence?
* The harm caused to the nonprofit: How much did the story actually damage the nonprofit's reputation or business interests?
Conclusion
While nonprofits can sue for the publication of a true story, it's a complex legal issue. They need to prove that the story was false, defamatory, and published with malice (for public figures). They also need to consider the First Amendment and the public interest in free speech. It's highly recommended to consult with an attorney to determine if a lawsuit is possible and the best course of action.