Louise R. Miller, SBN 055668
Talin V. Yacoubian, SBN 169439
CHRISTENSEN, MILLER, FINK, JACOBS,
GLASER, WEIL & SHAPIRO, LLP
2121 Avenue of the Stars
Eighteenth Floor
Los Angeles, California 90067
Telephone (310) 553-3000
Facsimile (310) 556-2920

Attorneys for Plaintiff D.A.R.E. AMERICA

Plaintiff,

v.

STEPHEN GLASS, an individual and a resident of the District of Columbia,

Defendant.

Case No. 98-5230

COMPLAINT FOR LIBEL AND FOR COMPENSATORY AND PUNITIVE DAMAGES

DEMAND FOR JURY TRIAL

Plaintiff D.A.R.E. AMERICA ("Plaintiff" or "D.A.R.E."), for its complaint against defendant, Stephen Glass ("Glass" or "Defendant"), alleges as follows:

1. This action arises out of false and libelous statements concerning D.A.R.E. which were written by Glass and were published in nationally circulated magazines -- The New Republic and Rolling Stone. This action arises from a scheme perpetrated by Glass for venal and corrupt motives, aided, abetted and assisted by the press including The New Republic and Rolling Stone magazines, to fabricate "facts" about D.A.R.E., solely for sensationalism and to sell copy, all to cast D.A.R.E. in a false light and to make D.A.R.E. look bad, to D.A.R.E.'s harm and damage. While this action is against Glass, D.A.R.E. reserves the right to file suit against The New Republic and Rolling Stone magazines pending further investigation and discovery.

2. Jurisdiction is proper in this Court pursuant to 28 U.S.C. Section 1332; the amount in controversy exceeds seventy five thousand dollars ($75,000), exclusive of interest and costs. Venue is proper in the Central District pursuant to 28 U.S.C. Section 1391.

3. Plaintiff D.A.R.E. is, and at all times material hereto was, a non-profit corporation duly organized to transact business in, and transacting business in, the State of California. D.A.R.E.'s headquarters are in Los Angeles and D.A.R.E. is a citizen of California for purposes of diversity jurisdiction.

4. Defendant Glass is, and at all times material hereto was, an individual residing in the District of Columbia, and is a citizen of the District of Columbia for purposes of diversity jurisdiction. Glass is responsible for writing false and defamatory articles regarding D.A.R.E., which articles were published in nationally circulated magazines, including The New Republic and Rolling Stone, with the intent purpose and effect of defaming D.A.R.E. around the country and in California in particular, where substantial quantities of such magazines are sold.

5. On or about March 3, 1997, Glass wrote, and The New Republic published and disseminated, an article entitled "Don't You D.A.R.E." ("the 1997 Article"). The 1997 article described D.A.R.E. as an organization which, under the leadership of President and Founding Director, Glenn Levant, has adopted and carried out a policy of cover-up and intimidation. The 1997 Article is replete with statements about D.A.R.E. and Levant engaging in strong arm tactics and other wrongdoing. By way of example, the 1997 Article described an alleged 1991 incident involving D.A.R.E. and a 10 year old boy in the Douglasville, Georgia D.A.R.E. program, who allegedly informed the police that this parents used drugs. The 1997 Article went on to chastise D.A.R.E. as being a program which encourages children to "turn in" their parents. However, at the time of the alleged incident, Douglasville, Georgia did not even have a D.A.R.E. program.

6. On or about, March 28, 1997, attorneys for D.A.R.E. wrote to the editors of The New Republic, informing them of the falsity of the 1997 Article, and providing proof that the statements therein made by Glass were defamatory. In response, The New Republic stood by its story and reaffirmed its support for its reporter, defendant Glass. By acting in this manner, The New Republic and the defendant herein engaged in irresponsible and libelous journalism, to the harm and detriment of D.A.R.E., and The New Republic further ratified and encouraged the fraudulent and deceitful conduct of its reporter, Glass.

7. Approximately a year later, a similarly false and defamatory article was published in the March 1998 issue of Rolling Stone magazine, this time entitled "Truth & D.A.R.E." (the "1998 Article"). By way of example, and without limitation, the 1998 Article falsely stated, among other things, the following:

(a) "Despite all its claims of success, D.A.R.E. refuses to release its curriculum to journalists and to many researchers."

(b) "Academics and parents' groups say Levant's D.A.R.E. uses strong-arm tactics to suppress damaging research. They accuse D.A.R.E. supporters of wielding political pressure, slashing scientists' tires, making threatening phone calls in the middle of the night, harassing critics' children, and even of jamming the television transmission of a news report to hush criticism."

(c) "But what's even more disturbing is that the organization, its supporters, and crusading ex-cop who leads it have tried to silence critics, suppress scientific research, and punish nonbelievers."

(d) "At an Illinois college, a professor who criticized the program was accuse by D.A.R.E. supporters of trying to sell drugs to campus students."

(e) "Likewise, a California professor says his department chairman won't let him study D.A.R.E. anymore, because local D.A.R.E. officials have written letters to grant organizations saying the professor's department supports drug use."

(f) "And a New York graduate student said she changed her sociology dissertation -- after two and a half years of work -- when D.A.R.E. supporters threw a rock through the window of her office and left a note saying, "That's not all we'll break -- drug pusher!"

8. In point of fact, each of these statements, among others, was and is false, fabricated and scurrilous, to wit:

a) D.A.R.E.'s curriculum is widely available and, in fact, has been made available to Glass himself.

b) At no time has D.A.R.E. employed any methods -- deplorable or otherwise -- to silence critics or suppress research. To the contrary, D.A.R.E. welcomes the inquiry and assessment of its organization and methods by the scientific community.

c) One of Glass' most strident and outspoken "sources" (the "young Illinois college professor") is an entirely fictitious character, as stated in "To Our Readers" (The New Republic, June 29, 1998, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference).

9. Because of the false and defamatory nature of Glass' statements, D.A.R.E. demanded a retraction and/or correction by Rolling Stone, but to date neither the magazine nor Glass has responded to D.A.R.E.'s demand.

10. In early May 1998, a series of articles regarding Glass (published in several major newspapers) shed light on these unfounded and scurrilous attacks directed towards D.A.R.E. On or about May 11, 1998, a headline in the Washington Post read: "New Republic Fires Writer Over Hoax"; Editor says Article On Computer Hacker Is Entirely Fictitious." The fired writer in question was the defendant herein, Stephen Glass. Various versions of the story wherein Glass was fired for fabricating characters and situations in several of his articles circulated in major newspapers around the country. (A true and correct copy of the Washington Post article is attached hereto as Exhibit "B" and incorporated by reference.)

11. As set forth in the aforementioned newspaper articles, Glass had taken free license to invent facts, people, and scenarios, falsely describing them in detail. D.A.R.E. was one victim of many. There is absolutely no truth to Glass' statements regarding D.A.R.E., and Glass has admitted as much.

12. Following the aforementioned revelations, Glass was fired as associate editor of The New Republic. His termination was the catalyst for a month-long investigation which disclosed that Glass had fabricated material in at least 21 separate articles, and had concocted six articles in their entirety, including the 1997 article. As The New Republic wrote in a subsequent edition: "We believe that each of the following articles by Glass contains at least some fabricated material.... 'Don't You D.A.R.E.' (March 3, 1997).... Glass fabricated some of the persons who purportedly had negative experiences with D.A.R.E., including 'Daniel, a young professor at an Illinois college' and 'James, a television news producer.' Also invented are an 'NBC employee' and a 'Justice Department official' to whom Glass attributed information." (The New Republic, June 29, 1998, Exhibit "A.") In a June 12, 1998, article in The New York Times (a true and correct copy of which is attached hereto as Exhibit "C" and incorporated herein by reference), Mr. Glass' own attorney confirmed his client's fabrications and libels as reported in The New Republic.

13. Neither The New Republic nor Rolling Stone has ever explained how these falsified stories were approved through their editorial process and came to be published, or why the falsifications were not discovered beforehand.

15. D.A.R.E. alleges that Glass, prior to writing, editing, circulating and/or publishing the 1997 Article and 1998 Article containing the numerous false statements regarding D.A.R.E., knew that such statements were false and/or wrote and published such statements with a conscious disregard for the truth.

16. The defamatory statements set forth above and printed, published, circulated and distributed by Glass through, inter alia, The New Republic and Rolling Stone, were and are fabricated and false, and such articles and statements therein falsely conveyed, asserted, implied and/or stated that D.A.R.E. is an organization which regularly engages in harassing, threatening and terrifying its critics. D.A.R.E. alleges that when Mr. Glass engaged in the circulation, publication, and dissemination of such defamatory statements, he knew that they were false and/or wrote and published such statements in a conscious disregard for the truth.

17. Glass' defamatory statements were understood by the average reader to imply that D.A.R.E.: (a) threatens, bullies, and silences its critics in any means most expedient; and (b) is not an effective program.

18. AS a proximate result of Glass' publication of the statements, D.A.R.E. has suffered damages in excess of $10,000,000, including, among other things, reputational and other damages and losses.

19. Glass wrote, published, and circulated the defamatory statements for the purpose of, among other things, injuring D.A.R.E. and harming the reputation of, and publicly embarrassing, its directors, employees and/or supporters.

20. The aforesaid conduct by Glass was undertaken with the intent to cause injury to D.A.R.E.; was despicable and carried out with willful and conscious disregard of D.A.R.E.'s rights; and was done with ill-will. Such conduct constitutes "malice." The foregoing conduct by Glass was also intended to and did subject D.A.R.E. to cruel and unjust hardship in conscious disregard of D.A.R.E.'s rights, and as such constitutes "oppression." By reason of such ill-will, malice, fraud and oppression, D.A.R.E. is entitled to punitive and exemplary damages against Glass, in an amount sufficient to punish him and deter him from further similar conduct.

WHEREFORE, D.A.R.E. prays for judgment against Glass as follows:

A. For general and special damages in an amount in excess of $10,000,000;

B. For exemplary and punitive damages;

C. For Plaintiffs' cost and expenses in this action, including reasonable attorneys' fees; and

D. For such other and further relief that the Court deems just and proper.

DATED: June 29, 1998

Louis R. Miller
Talin V. Yacoubian
CHRISTENSEN, MILLER, FINK, JACOBS,
GLASER, WEIL & SHAPIRO, LLP

By: Louis R. Miller

Attorneys for Plaintiff D.A.R.E. AMERICA

DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues triable by jury.

DATED: June 29, 1998