131 F. Supp. 464 | S.D.N.Y. | 1955
These are actions for damages arising out of the publication by the defendants of an allegedly defamatory article entitled “Devil’s Island, U.S.A.” and dealing with the prison and parole systems in the State of Alabama. The plaintiffs have moved to strike all but one of the affirmative defenses in the answers, and with respect to the remaining defense (truth) they have moved to strike all but one of the allegations constituting that defense. See Fed.Rules Civ.Proc. rule 12(f), 28 U.S.C. A.
The answers set up (1) truth, (2) statutory privilege under section 337 of the New York Civil Practice Act, and (3) fair comment as complete affirmative defenses; and (4) belief in the truth of the matter published, and (5) reliance on prior publications and investigations as partial defenses. The plaintiffs attack these defenses on the ground that they are insufficient. They also attack almost all of the allegations made thereunder on the ground that they are immaterial, impertinent, scandalous, “pure propaganda” and “pure argument.”
The motions must be denied. The defenses pleaded raise relevant issues of law and fact and no showing of prejudice has been made by the plaintiffs. See Samuel Goldwyn, Inc., v. United Artists Corporation, D.C.S.D.N.Y.1940, 35 F.Supp. 633; Forstmann Woolen Co. v. Murray Sices Corporation, D.C.S.D.N.Y. 1950, 10 F.R.D. 367; American Machine & Metals, Inc., v. De Bothezat Impeller Co., D.C.S.D.N.Y.1948, 8 F.R.D. 306, 308.
All of the defenses pleaded are valid. Truth is a proper defense. It must be pleaded so that the facts showing the alleged libelous statements to be true are set forth with such precision and clarity that the defenses can be understood by the adversary who is to meet them and by the Court which must make rulings with respect to them. Sweeney v. Buffalo Courier Express, Inc., D.C.W.D.N.Y.1940, 35 F.Supp. 446; Verges v. News Syndicate Co., D.C.S.D. N.Y.1951, 11 F.R.D. 587; Van Ness v. Hamilton, 1822, 19 Johns., N.Y., 349, 368; Bingham v. Gaynor, 1911, 203 N.Y. 27, 34-35, 96 N.E. 84.
What has been said applies in large measure to the other defenses sought to be stricken. The defenses of statutory privilege under section 337
With respect to the plaintiffs’ objection that many of the allegations are scandalous, or “pure propaganda,” it must be pointed out that in referring to
The motions. are therefore denied. Submit orders on notice.
. This section provides in part as follows : “A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial, legislative or other public and official proceedings * * * >>