Legal Opinion

Tague v. Citizens for Law & Order, Inc.

Appellate Division of the Superior Court of California

Decided October 19, 1977No. Civ. A. No. 969PublishedCited by 7 opinions

1Opinion of the Court

Opinion

PHILLIPS, J.

I. Introduction

This appeal is from a judgment in favor of an assistant public defender against a citizens’ group and the editor of its newsletter for defamatory statements printed in the newsletter.

The principal issue before us on appeal is whether an assistant public defender is a public official within the meaning of New York Times Co. v. Sullivan (1964) 376 U.S. 254 [11 L.Ed.2d 686, 84 S.Ct. 710, 95 A.L.R.2d 1412]1 and is, therefore, required to prove actual malice to recover damages for defamatory falsehoods by the press. The trial judge, upon appellants’ motion for…

2Cases cited21 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  5. Garrison v. LouisianaSupreme Court of the United States · 1964

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3Cited by7 opinions

  1. American Civil Liberties Union, Inc. v. ZehSupreme Court of Georgia · 2021
  2. Ghafur v. BernsteinCalifornia Court of Appeal · 2005
  3. People v. PetersonAppellate Division of the Superior Court of California · 1986
  4. Mosesian v. McClatchy NewspapersCalifornia Court of Appeal · 1988
  5. James v. San Jose Mercury News, Inc.California Court of Appeal · 1933

2 more not listed; retrieve them via the Exa API.

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