Sweeney v. Schenectady Union Pub. Co.

(dissenting).--

The decision herein seems to -me not" in; accordance with New York law, where the; right of comment on a public official has, been safeguarded in a practical way by' “a-somewhat different rule” than -in- ordinary-cases and “a clear charge of corruption' or gross incompetence holding one up to disgrace and contumely” is required; even, an imputation of corrupt or dishonorable motives will be justified as fair comment if it is a reasonable inference from the facts. Tanzer v. Crowley Pub. Corp., 240 App. Div. 203, 268 N.Y.S. 620, 622; Gardner v. Home Life Publications, Inc., 237…