Brief for the Petitioners - On Writ Of Certiorari To The Supreme Court Of Alabamabrief For The Petitioner
ON WRIT OF CERTIORARI TO THE SUPREME COURT OF ALABAMA
BRIEF FOR THE PETITIONER
LOUIS M. LOEB
T. ERIC EMBRY
MARVIN E. FRANKEL
RONALD S. DIANA
DORIS WECHSLER
LORD, DAY & LORD
BEDDOW, EMBRY & BEDDOW
OF COUNSEL
HERBERT BROWNELL
THOMAS F. DALY
25 BROADWAY
NEW YORK 4, NEW YORK
HERBERT WECHSLER
435 WEST 116TH ST.
NEW YORK 27, NEW YORK
ATTORNEYS FOR PETITIONER
THE NEW YORK TIMES COMPANY
Index
Opinions Below
Jurisdiction
Questions Presented
Statement
- The Nature of the Publication
- The Allegedly Defamatory Statements
- The Impact of the Statements on Respondent's Reputation
- The Circumstances of the Publication
- The Response to the Demand for a Retraction
- The Rulings on the Merits
- The Jurisdiction of the Alabama Courts
Summary of Argument
Argument
- I. The decision rests upon a rule of liability for criticism of official conduct that abridges freedom of the press
First: The State Court's Misconception of the Constitutional Issues
Second: Seditious Libel and the Constitution
Third: The Absence of Accommodation of Conflicting Interests
Fourth: The Relevancy of the Official's Privilege
Fifth: The Protection of Editorial Advertisements - II. Even if the rule of liability were valid on its face, the judgment rests on an invalid application
First: The Scope of Review
Second: The Failure to Establish Injury or Threat to Respondent's Reputation
Third: The Magnitude of the Verdict - III. The assumption of jurisdiction in this action by the Courts of Alabama contravenes the Constitution
First: The Finding of a General Appearance
Second: The Territorial Limits of Due Process
Third: The Burden on Commerce
Fourth: The Freedom of the Press
Conclusion
Appendix A
Appendix B
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