TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P33

Gale Encyclopedia of American Law Volume 12 P33 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW NEW YORK TIMES V. SULLIVAN 307 We think it is enough to say that these mere general asseverations Norris v. Alabama 294 . 587 595 1935 were not evidence of what the publication said or what it reasonably could be held to mean. The problem on this score is not unlike that posed in Fiske v. Kansas supra where in determining the situation presented on the record this Court read the crucial document itself to see if it possessed the attributes that had produced its condemnation 274 . at 385 . So read this publication was a totally impersonal attack upon conditions groups and institutions not a personal assault of any kind. Even if the statements that refer to the police could validly be taken to refer to the respondent there was nothing in those statements that suffices to support the judgment. Assertions that were shown to have been accurate by the respondent s evidence cannot be relied on to establish injury to his official or his private reputation if the truth hurts that surely is a hurt the First Amendment calls on him to Hence the whole claim of libel rests on two discrepancies between the material statements and the facts. Where the publication said that truckloads of armed police ringed the Alabama State College Campus the fact was that only large numbers of police were deployed near the campus upon three occasions without ringing it on any. See p. 8 supra. And where the statement said They have arrested him seven times the fact was that Dr. King had been arrested only four times. Three of the arrests had occurred moreover before the respondent came to office some six months before the suit was filed. See pp. 9 10 supra. That the exaggerations or inaccuracies in these statements cannot rationally be regarded as tending to injure the respondent s reputation is we submit entirely clear. 8This is recognized in part by Alabama law itself despite the strictness of the rule respecting truth as a defense since evidence of truth must

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