Brief for Respondent

STEINER, CRUM & BAKER,
1109-25 FIRST NATIONAL BANK BUILDING, MONTGOMERY 1, ALABAMA,
CALVIN WHITESELL,
MONTGOMERY, ALABAMA, OF COUNSEL.
ROBERT E. STEINER III,
SAM RICE BAKER,
M. ROLAND NACHMAN JR.,
ATTORNEYS FOR RESPONDENT

Index

Questions Presented

Statutes Involved

Statement

1. Merits
2. Jurisdiction
   1. General Appearance
   2. Validity of Service of Process on The New York Times

Summary of Argument

Argument

1. The Constitution Confers No Absolute Immunity to Defame Public Officials
   Libelous Utterances Have No Constitutional Protection
   The Advertisement Was Libelous Per Se
   Damages Awarded by the Jury May Not Be Disturbed
2. There Is No Ground for Reviewing a Jury Determination That the Advertisement Was "Of and Concerning" the Plaintiff
3. This Case Provides No Occasion for Excursions From This Record and From Accepted Constitutional Standards
4. The Times Was Properly Before the Alabama Courts

Conclusion

Certificate

Appendix A

Respondent adopts petitioner's statement of "Opinions Below" and "Jurisdiction."