*2
By
Pegler.
Westbrook
Ill.,
Chicago,
for
Thompson,
Floyd
E.
Writing
ago
“In
some time
use of
appellees.
radio
contractor
war
Russian-born
KERNER, Circuit
EVANS and
Before
harangue
the Americans with
Judge.
LINDLEY, District
Judges, and
line,
consistent
with the
made
action.
troversy
tion.
citizenship
against defendants
were served
leged libelous article
KERNER,
Plaintiffs
grounds of failure to
plaintiffs.
to dismiss
Defendant
inception and
The court
evening newspaper.
resolved the
remaining two
brought
Circuit
the amended
appeared,
Pegler
requisite amount
sustained
appealed.
who
publication of the al-
Judge.
were
defendants, who
state
action
joined
appeared
complaint on
Diversity of
responsible
for libel
in mo-
cause
jurisdic-
motion,
in con-
served,
such.
ments,
space
munist,
cal
Park, Dover, Del.,
International Latex
rect
“Even
“It was a careless
“These have
arguments
mistake of
[*]
because,
for
nor hostile to
of them
though
editorial
press
[*]
anti-Nazi,
periodically,
declaring
would not
paid
[*]
reveals,
were
matter.
observation
Company
been
but, as far as
[*]
totalitarianism,
never anti-Com-
since
sell
running politi-
Deal
deducted,
[*]
standard
preach-
Playtex
incor-
[*]
but
my
company’s
out of the
Elec-
[Novick’s
complaint alleged that
amended
Corp.]
profits,
own
still
tronic
president
Inter-
because,
all,
pay
after
is the tax-
Corporation;
that he was
Latex
national
payers
profits,
pay
too.
Communist, either
now, a
is he
not, nor
organization
having
munist
form an
belief;
that about
sympathy or
corporation might de-
American business
defendants —the
March
be able
them to
sire
use
Co., publisher of
Publishing and
promote
cause of
communism.
Chicago Herald-Amer-
newspaper “The
Syndicate,
“There are
King Features
ican,” and
president
of Electronic and the
Novick
Pegler’s
distributor
column —
Latex,
al-
International
whose name
Abra-
Chicago Herald-American” the
in “The
* * *
Spanel.
complaint
defamatory
[Spanel]
ham N.
article.
His
leged
“By
run two
virtue of
the advertisements
or three columns
alleged that
further
false,
wide,
length
page,
scan-
.a national
writing and
libel,
campaign
defamatory
malkdqys
suggesting
dalous,
the list
appropriation
huge
propa-
did mean 'and a
and each
defendants
* *
*
ganda,
he is
advocate of
understood
were
Washington,
the attitude
zen
champion
was
the
prophet.
“Another
common
as a
#
Roosevelt
reprint
poetic
Wallace
left
*
who
man
disciplined of Mr.
which described
of a
construction
symbol
some
newspaper
*
regard the
column
an American
Spanel’s
demagogues
¤
underdog.’ This
by a
well
‘aspirations of
following
Wallace as
aas
*
member
expressing
rhapsodies
citi-
in
made in
reasonable editorial comment or are false.
he is
complaint which
secondly,
tion
first,
*3
throw
persons
states
eminent
is
a cause of action.
the Government of the United
predicated upon
and violence
question
sympathetic
there
it
alleged
sought unlawfully and
not libelous
he
is
show
no facts
libelous
toward
two
that the statements
Communist
trickery
Defendants’
States,
major
per
the
alleged
Communism;
se to write
premises
complaint
but
to over-
States
in
were
posi-
un-
:
admirer of
an
Russia
“A native
Illinois,
In
is control
whose
in the
pardoned
Soviet
ling
case,
printed
in this
written or
“
error.
per
they
are libelous
se
‘if
tend to ex
might have had
manufacturers
make
voluntarily
Treasury,
“He
process.
patriotic
[Spanel]
but we are
$1,500,000 of his
A war
must,
to do this
virtue
is said
contractor
under
not told
to have
anyway, as
legal
profits to the
thus could
renegotia-
necessity.
returned
many
he
v.
selves for
duce an
of libel
cited.
ridicule,
pose plaintiff
right thinking
Bourquin,
While this is
per se,
evil
aversion
our consideration and a
opinion
204
persons.
two
public
questions present
of him the minds of
a standard definition
disgrace,
* * hatred',
83, 94,
in
and to
’ ”
and cases
contempt,
negative
White
them
ad-
know,
precludes
answer
plaintiffs’
to either one
do
“We
political and
entirely
case.
vertising
any com-
mention of
ideological, with no
(1)
per
it
se to
Is
libelous
write
represents a
product, and that
mercial
person
Cqmmunist
or a
corporation
money
outlay of
lavish
sympathizer?
munist
guise of
is,
(2)
present-
If it
immigrant
service, financed
jury
determined
ed
in that
Russia
seems
admire
alleged offending
article1 is
trustworthy national comrade
as a
by ordinary
understood
States, without
to the rec-
reference
United
conveying
as
?
readers
this
past performances
ord of Russia’s
or ex-
courts,
Through their
sister
states
system.”
amination of the Communist
per
libelous
that it is
se to character
held
complaint
alleged
person
further
that for
a Communist or
ize a
a Communist
symp
long
prior,
time
Levy
Gelber,
to March
v.
175
athizer.2
throughout
148;
per-
746,
Toomey
existed
25
N.Y.S.2d
Misc.
v.
736,
167,
Jones,
called Communists and that
124
254 P.
sons
it was
Okl.
51 A.L.R.
commonly
1066;
Chavalas,
believed
Gallagher
Cal.App.
48
v.
sympathizers,
52,
many average libelous, they innuen cannot so made beyond pale of places accused LaGrange Pub. do. v. Citizen Press symbol of him a respectability and makes 482, 485. hatred, violation of the public statute. apparent immediately It is head- long Ill.Rev.Stat.1945, It has c. § complained provoca- is in the article line uni need that there established tive, just glances one at the words falsehood. hatred as result of versal carefully. sense studies create a fraction It is sufficient if Pegler As Sees It. contempt. plaintiffs with view formed “Big Go Business” 214 U.S. Peck Tribune Trick U. S. 960, 16 Ann.Cas. 53 L.Ed. S.Ct. The article itself is dual in that de- word argue Defendants Novick, scribes first the activities of one it is meaning; no munist has definite manufacturer, purchases on the which opinion time expression of an merely the interpret radio order to It its news. per eliminate se is'to held actionable press agent further states that his “a Conceded- is political discussions. use from Communist”; aggressive in- perhaps prominent carelessly and is ly, the word “interpreter” Nevertheless, news today. his convicted definitely used thief; that Novick himself appearance is associated its denial that can be projected corpo- Communists in a new newspaper characterization portion article, second destroy person’s ration. The sufficient editorial is completely segregated public. no means reputation with the good presumably first, Spanel deals from and his defendants anomalous And it seems corporation attention contention, and directs because make such a between the two Obvi- men. generally, as molders publishers, ously, ingenuous article is less de- ogre which opinion, created Spanel than it in its treatment its as in- seek to characterize here fendants Spanel Novick. Novick may be treatment these Even if views soon noxious. ordinary clude, therefore, that an success- compared natives of mean could understand dis- products, and of war ful manufacturers Spanel Communist One is a Communist propaganda. seminators sympathizer. advertisements Spanel’s newspaper as: described praise Henry Wallace is say whether It is not for us to some the attitude expressing pas “well interpretation quoted re- left who demagogues of the be sage the balance American citizen as gard language characterizes lieve the dis- to be sympathizer or Communist ciplined corporation alleges Communists, do so because to used admirer and an “A of Russia native jury. usurp be to function pardoned in Soviet recognize It is that we sufficient error.” li capable meanings, two language strongest appears be the This If the words are belous and other not. arti- in the entire most in which the interpreted to be the sense *5 although meaning, defamatory cle of a them, newspaper readers would'understand possible Spanel’s .later of comment made submit of the article must be meaning corpora- some of returning his motives in am jury. the words are ted to a “Where Treasury. profits United States to the tion’s biguous equivocal meaning, ques meaning tion to them of the be ascribed say plain directly not does It jury.” Ogren Rockford is for the Star v. of Commu or tools Communists tiffs are 405, 413, Co., supra, 288 Ill. therefore, argue, nists. Defendants N.E. innuendo can With this article. be ascribed to the Defendants the article contend libel, of agree. while cannot li political was the utterance of to en may not used innuendo cense; is true the privilege that a has beyond their an article large words in editorially duty and with re to comment may should be used meaning, and spect political natural other issues and matters meaning of the words used explain the public interest; persons such that when of Payne v. alleged libel. Spanel of dis enter arena Co,, Ill.App. 610. Publishing American cussion be heard to whine un cannot entire of the counter-attack; Prom a fury der the ordinary headline, cluding upon birth of this action was founded and innuendo is that conclude Spanel’s City state thin skin. of Chica Spanel difference was little go 307 Ill. Tribune Novick; definitely that one consorted as the 28 A.L.R. is cited bulwark in expended Communists; that both support speech. freedom of This case corporations’ to dis much their distinguishable because clearly the case propaganda; and that seminate municipal corporation ‘involved a regarded his as a Russian Spanel native publications it, against all court with the at citizens same American fellow excepting advocating violence, themselves are titude as the absolutely privileged. The conceded evaluate regard must alleged to them. We ly pass meanings did of the form of lan rather effect than publications involved. “ whole, for ‘Positive assertion guage as a By argument privilege necessary de to constitute charge is not up setting libelous; they may in fendants are affirmative de be made writing allusion, insinuation, irony, is not this court on fense which before form dismiss. Harkness v. will be as defama motion to questions, and 162; positive Daily and direct News if asserted in tory as ” Conn., Mecartney, Pegler, District Court Maclaskey v. F. terms.’ Supp 58 N.E.2d 637. We con- App. G2± ad reversed, propaganda, cal and he is a appealed judgment vocate as an District Wallace to the is remanded
and the cause " * * * „ , end prophet. To this Court. rates on at Wallace, eulogies in national scale several LINDLEY, Judge (dissenting District including ostensibly as ‘a part). service/ Guffey the ineffable Sen. Joe one of to accuse Whether ** Pennsylvania, of Mr. Another accord- be decided being communist is to reprint Spanel’s rhapsodies a col though and, to the law Roosevelt news umn member of the directly passed state have courts of that paper Washington, following in which de quarrel I specificquestion, champion symbol scribed Wallace as a majority opinion. reasoning ‘aspirations common man of the does not probably “communism” word poetic underdog/ This construc everyone. thing to mean asr tion well attitude of some .expressing sume, ordinary connota- its demagogues regard left seeking with it idea carries citizen the American Government overthrow the disciplined trickery by force violence and an native of Russia people, or vio- impose upon the par admirer of the Soviet end, lence, necessary achieve recently pub doned in error. Collier’s government. There- form totalitarian laudatory personal history Mr. lished fore, persuade myself only that the I can Spanel, praising him invention *6 concludes, view of majority rightfully in pneumatic jungle of boats for manufacture decisions, that a pertinent. pneumatic warfare and stréteher for a beyond pale charge of communism is recovery casualties, of and for his fore expression. legitimate of up, Harbor, sight Pearl laying before constrained, disagree to feel latex, supply liquid pure reserve of rub or ordinary read to conclusion that the as n formerly gir ber. He had manufactured reasonably from the article er draw could baby pants. les for women and Collier’s m was intend inference .that Gailmor, Spanel that, tells us like studied plaintiff Spanel being charge to with ed clergy. He to for is said have returned plaintiff International communist and La-1 $1,500,000 profits voluntarily' of his to the being Corporation tex under con with Treasury, but told he not whether are Everything trol said or communists. of many anyway, had to do this hinted about either is contained must, renegotia manufacturers under the following language: Interna “The process. A war contractor could thus Playtex Park, Company Latex of tional patriotic legal necessity. virtue of make Del., Dover, political running has been ar know, however, We do that the adver * * * guments as tising political entirely matter is and ideo preachments, Deal These have logical, any mention of -with no commercial anti-Nazi, but, my far product, represents and that out lavish reveals, anti-Communist them never nor lay by corporation money for * * * totalitarianism, as hostile to such.. public service, guise There are by immigrant financed president Novick' of Electronic and to admire a trustworthy seems Russia Latex, whose International name is Abra States, national comrade of the United n ham Spanel. Novick, Spanel Like N. reference to the record without of Russia’s and, Novick, born in Russia like he is dili past performances or examination of the production engaged in war gently system.” 'Communist prospered appear to have would enormous reasonably these words sus- ly. Whether His advertisements run two are .or three wide, meaning length ceptible attributed to liiem page, columns is, Illinois, question .by-plaintiff !?w campaign list national Payne huge appropriation politi court. for the suggesting a denied, 271 prospered enormously; had Pub. cert. that he was Wallace; to dismiss Ill.App. xxxii. And the motion advocate of language clergy; he does admit that that had been not educated interpretation praised he had been for his invention the courts plaintiffs; pneumatic attributed to it and manufacture of boats for pneumatic it is well jungle declared that warfare and that state have stretcher casualties, will recovery settled to dismiss that motion for the and for war, foresight laying up, words claimed be libelous sustained before the fairly “capable supply liquid pure or reserve rub- latex or placed by plain ber; voluntarily construction” had returned $1,500,000 tiffs is for the court decide to the United “reasonably Treasury; ca author was unadvised pable” of ascribed to Ku it. as whether he this had because re- done Daily News, Inc., quired lesza to do renegotiation so under the App. process; spe So the N.E.2d that the criti- cific question entirely before District Court had to cized do mat- ; before review is immigrant ters that it was financed quoted reasonably susceptible from Russia “who seems admire Russia interpreted by being trustworthy a reader mean as a national comrade of plaintiffs charged States, United without reference rec- or past performances communistic communistic “fellow-trav ord of Russia’s or exam- elers.” system.” ination the Communist I think impossible it is read into these I search any the words vain to find charge communism, belief a revo- implication statement ais lutionary proposal gov- to overthrow this communist or unlawfully he seeks ernment violence overthrow Government of to impose means another States or that International Latex Cor- upon the American people. I do not be- poration managed under con- or, lieve justified trol of communists. The does not *7 drawing Indulging conclusion. either-plaintiff state that a member possible implications, worst think party, criminal, communist engaged in infer li- anything any movement overthrow Govern- plaintiff. beling either One seeks ment or course of action which enlighten public through pro- subject thought either of them to scorn or me, voking ridicule. Indeed, it seems to advertisements should of- not be interpretation, fended comment of those who merely that it is of ideologies announcement enlightened. to be refuse Plaintiffs have opposed to promulgated by plain- those voluntarily chosen to comment on contro- paid tiffs in their au- versial issues. The permit court should not thor of article evidently considered the them, by actions, libel to stifle advertisement doctrines honestly oppose their views and Consequently unsound. he commented that purposes and motives. Our Govern- plaintiffs have running political adver- ment was firmly built and stands tisements are anti-Nazi character principle of free and full discussion of all but, observed, so far as he had not anti- issues. say Communistic. didHe Russia; born plaintiffs failed he had been I think engaged to state a case. production; judgment. war that it seemed I would affirm that he