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Almost a month after Oate’s fiction story, “Landfill” was first read in the New Yorker, the author finally issues and apology. While the authors regrets were made clear, the apology was also filled with excuses which only portray Oates as more of a ‘spacey’ character than anything else.

With her apology and the generic apology that the New Yorker issued as well it seems that the issue has been resolved. Or has it? Does it stop here? Can anything else be done? Apology or not, could “Landfill” be considered libelous? And what would happen if action was actually taken?

From what I have learned thus far in my Media Law class, if any action was taken, either by John Fiocco’s family or friends, most likely they would be the people the jury would be most sympathetic towards. In front of a local jury, Oates most likely not get any sympathy at all, because of the fact of her being seemingly oblivious to a big news story going on only 10 minutes away from hometown of Princeton. In all likeliness, Oates would probably lose the libel case in a trial by jury.

In an Appeals court however, the verdict would most likely turn into Oate’s favor. So what does that mean for writers in general?

It’s unfortunate that writers are able to write something, put the title of ‘Fiction’ on it and expect that no one will be affected by it. It’s even more unfortunate that at present time, there’s nothing that a writer’s victim can do about it. As a journalism student, its instances like this that make me question my profession of choice. However, it’s important to remember that the term ‘ethics’ mean something to some people as well, and it’s just a matter of what kind of journalist you choose to be.