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Generally, newspaper articles are 'classic, inadmissible hearsay' and are 'unusable to defeat summary judgment.
The ancient documents exception can be applied to render the newspaper articles admissible. This exception provides that 'statements in a document in existence twenty years or more the authenticity of which is established' are admissible. FED. R. EVID. 803(16). Under the Federal Rules of Evidence, newspaper articles are self-authenticating. See FED. R. EVID. 902(6); Woolsey v. National Transp. Safety Bd., 993 F.2d 516, 520 (5th Cir. 1993), cert. denied, 511 U.S. 1081, 114 S. Ct. 1829, 128 L. Ed. 2d 459 (1994); Perez v. Alcoa Fujikura, Ltd., 969 F. Supp. 991, 998 (W.D. Tex. 1997).
The dangers of hearsay relate to flaws in perception, memory, narration, and sincerity. See Park v. Huff, 506 F.2d 849, 865 (5th Cir.), cert. denied, 423 U.S. 824, 96 S. Ct. 38, 46 L. Ed. 2d 40 (1975) (citing Morgan, Hearsay Dangers & the Application of the Hearsay Concept, 62 HARV. L. REV. 177, 218 (1948)); JOHN W. STRONG ET AL., MCCORMICK ON EVIDENCE § 245 (5th ed. 2003). An assertive statement found in an ancient document is more likely to be truthful because 'age ...
