Barber v. Perdue

While concurring fully with the majority opinion, I add the following comments.

“The privilege of poisoning one’s enemy is not a thing of value,” Foster v. State, 8 Ga. App. 119, 123 (68 SE 739) (1910), but it may be a constitutional right, even where the poisoning is verbal, vociferous, and vexatious, and the victim is a public figure. However, notwithstanding the liberties afforded in the course of political zeal and public debate about public figures, poison falsely served with actual malice is still actionable. A factual issue exists over the determinative question of actual malice in the…