Brief for Respondent - On Writ Of Certiorari To The Supreme Court Of Alabamabrief For Respondent, Questions Presented, Statement

Brief for Respondent - On Writ Of Certiorari To The Supreme Court Of Alabamabrief For Respondent

Index Questions Presented Statutes Involved Statement Summary of Argument Argument Conclusion Certificate Appendix A Respondent adopts petitioner's statement of "Opinions Below" and "Jurisdiction." …

Brief for Respondent - Questions Presented

1. Does a newspaper corporation have a constitutionally guaranteed absolute privilege to defame an elected city official in a paid newspaper advertisement so that the corporation is immune from a private common law libel judgment in a state court in circumstances where, because of the admitted falsity of the publication, the newspaper is unable to plead or prove state afforded defenses of truth, f…

Brief for Respondent - Statement

In the New York Times of March 29, 1960, there appeared a full-page advertisement, "warmly endorsed" by the four petitioners in No. 40, entitled, "Heed Their Rising Voices."1 Charging generally "an unprecedented wave of error," the advertisement said of Montgomery: "In Montgomery, Alabama, after students sang 'My Country, 'Tis of Thee&…

Brief for Respondent - Summary Of Argument

The commercial advertisement in suit sought to, and did, portray criminal and rampant police state activity—an "unprecedented wave of terror"—resulting from students singing "My Country 'Tis of Thee" from the state capitol steps. This falsely alleged "wave of terror" against innocent persons was said to include expulsion from school; r…

Brief for Respondent - Argument

The New York Times, perhaps the nation's most influential newspaper, stooped to circulate a paid advertisement to 650,000 readers—an advertisement which libeled respondent with violent, inflammatory, and devastating language. The Times knew that the charges were uninvestigated and reckless in the extreme. It failed to retract for respondent with subsequent knowledge of the falsity of…

Brief for Respondent - Conclusion

Brief for Respondent - Certificate

I, M. Roland Nachman, Jr., of Counsel for Respondent, and a member of the bar of this Court, hereby certify that I have mailed copies of the foregoing Brief and of respondent's Brief in No. 40, Abernathy v. Sullivan, air mail, postage prepaid, to Messrs. Lord, Day & Lord, Counsel for petitioner, at their offices at 25 Broadway, New York, New York. I also certify that I have mailed a …

Brief for Respondent - Appendix A

Title 7, Section 909 of the Code of Alabama: "TRUTH OF THE WORDS, ETC., EVIDENCE UNDER THE GENERAL ISSUE.—In all actions of slander or libel, the truth of the words spoken or written, or the circumstances under which they were spoken or written, may be given in evidence under the general issue in mitigation of the damages." Truth specially pleaded is an absolute bar to a civil…