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Peter E. Kane takes a critical look at the development of the present law through a discussion of seventeen landmark libel cases.One of the many points Kane clarifies is the important distinction between an error and a lie when judging whether someone is guilty of libel. For example, in the series of events that led to Goldwater vs. Ginzburg, Ralph Ginzburg, publisher of fact magazine, compiled and printed in fact a montage of quotes he had collected from psychiatrists about Barry Goldwater. It took five years of legal sparring for the courts to conclude that Ginzburg had deliberately published a malicious and irresponsible document and to rule in favor of Goldwater. Kane closes with a discussion of current thinking on possible libel reform.
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Trials (Libel)--United States, Libel and slander--United States.
publication date
:
1992
lcc
:
KF221.L5K36 1992eb
ddc
:
345.73/0256
subject
:
Trials (Libel)--United States, Libel and slander--United States.
Page i
Page iii
Errors, Lies, and Libel
Peter E. Kane
With a Foreword by Elmer Gertz
Southern Illinois University Press Carbondale and Edwardsville
Page iv
Copyright 1992 by the Board of Trustees, Southern Illinois University All rights reserved
Printed in the United States of America
Edited and designed by Mary A. Rohrer Production supervised by Natalia Nadraga
95 94 93 92 4 3 2 1
Library of Congress Cataloging-in-Publication Data
Kane, Peter E., 1932 Errors, lies, and libel/Peter E. Kane. p. cm. Includes bibliographical references (p. ). 1. Trials (Libel) United States. 2. Libel and slander United States. I. Title. KF221.L5K36 1992 345.73'0256 dc20 [347.305256]90-25032 ISBN 0-8093-1719-2. ISBN 0-8093-1720-6 (pbk.)CIP
The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984.
Page v
Contents
Foreword
vii
Preface
xiii
1 The Problem
1
2 Commissioner Sullivan and The New York Times
9
3 Barry Goldwater and fact Magazine
33
4 Police Defame George Rosenbloom
60
5 The Definitive Definition of a Public Person: Gertz v. Welch
78
6 The Rules of LibelBeyond Comprehension
100
Page vi
7 Defamation Suits as Political Tools: Generals Westmoreland and Sharon
122
8 What to Do about Defamation
139
Annotated Case List
155
Selected Annotated Bibliography
167
Page vii
Foreword
As the protagonist in one of the two leading libel cases, I feel a sort of parental pride and responsibility for the development of a law with respect to defamation. This book, therefore, has a special interest for me. It will hold the interest of others as well, including those who have not personally been involved in litigation.
I like its emphasis on actual trials, rather than exclusively on the reports of appellate reviews. Judge Jerome Frank, one of the most profound students of the law, used to say that schools that purported to teach only through reported cases shortchanged students. He claimed that students would absorb much more of the reality of their intended profession if they poured over transcripts of trials, discovery proceedings, motions, and the like. That is the basis on which I have written my definitive account of my own landmark case, and it is the basis on which the author of this book proceeded.
Page viii
Peter Kane has not only explained the constitutional guidelines that have evolved since 1964 when New York Times v. Sullivan was decided by the Supreme Court, but also explained the Court's continual refining and redefining of the relevant law. We are like spectators, or even participants, in an absorbing human drama in which real people are pitted against each other, with results that are often painful, sometimes pleasant.
Wars and civil strife are the bloody background of many of the cases. We live through Dr. Martin Luther King's historical effort to overcome the bondage of his people. We fight fruitlessly in Vietnam. As in my case, we contend against the extremism of the Far Right and rejoice when reason appears to triumph, if only for the moment.
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