Gertz was described as a "Communist-fronter," a "Leninist," and a "Marxist. Gertz testified to the severe mental distress, anxiety and embarrassment which he suffered as a result of the article.
1971); Restatement (Second) of Torts §§ 588, 590 (1977).
The privilege also covers republication of reports of an officially-constituted government committee. Stanley had contacted Stang and told him that a Chicago policeman was being railroaded for murder, part of the nationwide Communist conspiracy to discredit police. David Machanic, Pierson, Ball Dowd, Washington, D. C., for defendant-appellant.Wayne Giampietro, DeJong, Poltrock & Giampietro, Chicago, Ill., for plaintiff-appellee.Before SPRECHER and POSNER, Circuit Judges, and BONSAL, Senior District Judge.This defamation action comes before us after retrial in the district court pursuant to the mandate of the Supreme Court in Gertz v. Robert Welch, Inc., * In June, 1968, seventeen-year-old Ronald Nelson was shot and killed by Chicago police officer Richard Nuccio.
The Court did not establish as a matter of law that actual malice had not and could not be proved. The article was Stanley's idea, not Stang's. Rather, in the latter situation, whether there is liability for the republication of the statement should be judged by the reasonableness of reliance upon the public document. It's ironic in a sense we are back to an actual malice standard in the case in light of the landmark ruling in Gertz and Welch.In instructing the jury, the court defined the plaintiff's burden as requiring proof of negligence by a preponderance of the evidence and proof of actual malice by clear and convincing evidence.We note at the outset that the trial court imposed a more stringent liability standard than was required. Many of the other statements concerning his membership in particular organizations also were false.
One witness, Albert Jenner, testified that he had heard the defamatory statements about Gertz repeated.The Supreme Court has recognized that actual injury in defamation cases is not solely measured by out-of-pocket economic loss. Furthermore, the testimony of Scott Stanley, Welch's managing editor, and of Gertz himself was considerably more developed at the second trial. Gertz v. Robert Welch, Inc: The Story of a Landmark Libel Case by Mr. Elmer Gertz (1992-08-26) See Restatement (Second) of Torts § 611, Comment d (1977); 50 Am.Jur.2d, Libel and Slander § 221Stang testified that most of his information about Gertz came from a "big Irish cop," who was not identified at trial, who provided him with notes culled from Gertz's Chicago Police Department intelligence file. Public officials must show actual malice. Vos articles vus récemment et vos recommandations en vedette Votre adresse de livraison:
Pour calculer l'évaluation globale en nombre d'étoiles et la répartition en pourcentage par étoile, nous n'utilisons pas une moyenne simple. Second, an inferior court must apply the decision of a superior appellate tribunal on remand. Nuccio was subsequently indicted and convicted of murder. See footnote 13, infra Welch points to several places in the opinion where the Court suggests that actual malice was not proved at the first trial to support its position that the Court decided this issue. These facts, particularly the significant control exercised by Stanley over the content and focus of the article, are sufficient to establish an agency relationship. SCOTUSCase Litigants=Gertz v. Robert Welch, Inc. ArgueDate=November 14 ArgueYear=1973 DecideDate=June 25 DecideYear=1974 FullName=Elmer Gertz v. Robert Welch, Incorporated USVol=418 USPage=323 Citation=94 S. Ct. 2997; 41 L. Ed. The Circuit Court is bound by the decree as the law of the case; and must carry it into execution, according to the mandate ...."Applying these well-established principles to the case before us, we find no basis for the position that the issue of actual malice was determined and foreclosed from reconsideration by the Supreme Court's mandate.
The primary issue in Gertz was "whether a newspaper or broadcaster that publishes defamatory falsehoods about an individual who is neither a public official nor a public figure may claim a constitutional privilege against liability for the injury inflicted by those statements." First, Welch argues that the jury instructions on actual malice and punitive damages tainted the jury's award of compensatory damages.Second, Welch argues the award of compensatory damages was improper because there was no proof of actual injury.
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