Is Blackmail Really a Contract?
There is an interesting series of comments in theContract Prof Blog, and others, asking whether blackmail is just a form of contract. The odd thing is that blackmail certainly meeting the legal definition of contract, with an offer, acceptance and consideration. But then so would a contract for Murder, but that doesn't make it a contract.
But can the blackmailer sue for damages? The discussion was generated because of the Letterman case, where Letterman accused the alleged blackmailer of demanding money in exchange for withholding information about Letterman's affairs with staff members. While this is an interesting academic discussion, the fact that blackmail is a crime makes this a very different matter.
But the real question is whether there could be a contract, and I think the answer is yes, there could be. In fact, I understand that the defense is just that: there was a contract for a screenplay that disclosed these facts about Letterman. Would there be an enforceable contract if Letterman contracted to purchase all rights to the screenplay, and thereby prevent its publication? This later scenario sounds more like a contract. But it could also be blackmail.
I would think it would be hard to convict someone if there really was a screenplay with the embarrassing information in it. I don't know if there is, but it is still a fun academic exercise.
I don't think anyone has suggested a completed screenplay exists. I think it's undisputed that Halderman gave Letterman's driver a treatment (or proposal) and that's all there is.
Given that you think it would be hard to convict Halderman if there were really a screenplay, isn't it only logical that it will be hard to convict Halderman because there really is a treatment? I mean, people do sell stories based on such proposals, before the entire story is written.
All the Defendant needs to do is establish reasonable doubt. The defendant doesn't need to prove that his defense is true. So I think it could be hard to convict if the defendant shows he was trying to sell something of value. But time will tell.