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Brief for Respondent


For the foregoing reasons it is respectfully submitted that the writ of certiorari should be dismissed as improvidently granted; in the alternative, respondent respectfully submits that this case should be affirmed.

Respectfully submitted,
Attorneys for Respondent.
Of Counsel.

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. 39, The New York Times Company v. Sullivan, air mail, postage prepaid, to I. H. Wachtel, Esquire, Counsel for petitioners, at his office at 1100 17th Street N. W., Washington, D.C. I also certify that I have mailed a copy of the foregoing Brief, air mail, postage prepaid, to Edward S. Greenbaum, Esquire, 285 Madison Avenue, New York, New York, as attorney for American Civil Liberties Union and the New York Civil Liberties Union, as amici curiae.

18 These and others are: Birmingham News Co. v. Birmingham Printing Co., 209 Ala. 403, 407, 96 So. 336, 340–341; Goldfield v. Brewbaker Motors (Ala. App.), 36 Ala. App. 152, 54 So. 2d 797. cert. denied 256 Ala. 383, 54 So. 2d 800; Woodmen of the World Ins. Co. v. Bolin, 243 Ala. 426, 10 So. 2d 296; Belcher Lumber Co. v. York, 245 Ala. 286, 17 So. 2d 281; 1 Restatement of Agency 2d, Sec. 94, page 244, comments (a) and (b); 3 Restatement of Agency 2d (App. pages 168 and 174).

19 It is, of course, elemental that signers of an advertisement—or those who later ratified the use of their names—would be liable for its publication since every individual participant in the publication of a defamatory statement, except a disseminator, is held strictly liable. Peck v. Tribune Co., 214 U.S. 185; Developments in the Law—Defamation, 69 Harvard L. Rev. at 912.

20 Roth v. United States, 354 U.S. 476, 483; Beauharnais v. Illinois, 343 U.S. 250, 256; Chaplinsky v. New Hampshire, 315 U.S. 568, 571–572; Konigsberg v. State Bar of California, 366 U.S. 36, 49–50; Near v. Minnesota, 283 U.S. 697, 715.

This … day of October, 1963.

M. Roland Nachman Jr.,

Of Counsel for Respondent.

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Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1954 to 1962Brief for Respondent - On Writ Of Certiorari To The Supreme Court Of Alabamabrief For Respondent1, Questions Presented, Statement