Schermerhorn v. Rosenberg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mollen, P. J.
In this action for libel and slander, we are again called upon to strike a balance between the constitutional requirement that freedom of expression be afforded its necessary "breathing space” and the right of a public official to protect his good name against false and defamatory publications. What separates this case from the ordinary, however, is the finding, implicit in the jury’s verdict, that the defendants not only published the defamatory matter, they fabricated it. Also presented are questions concerning principles applicable to an action for…
2Cases cited28 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- St. Amant v. ThompsonSupreme Court of the United States · 1968
- Garrison v. LouisianaSupreme Court of the United States · 1964
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3Cited by51 opinions
- Matherson v. MarchelloAppellate Division of the Supreme Court of the State of New York · 1984
- Journal-Gazette Co. v. Bandido's, Inc.Indiana Supreme Court · 1999
- Rambo v. CohenIndiana Court of Appeals · 1992
- Hogan v. Herald Co.Appellate Division of the Supreme Court of the State of New York · 1982
- Fernandes v. TenbruggencateHawaii Supreme Court · 1982
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