Barry v. Kirkland

This is an action at law whereby the plaintiff seeks to recover damages based on acts and spoken words by the defendant in a public auditorium at a public forum in the city of Omaha, Nebraska, and his acts in connection with a broadcast of said words spoken at the public meeting. The only question before this court is that of whether or not the petition states a cause of action.

The portion of the petition necessary to be examined in order to determine whether or not it states a cause of action, is as follows: Plaintiff’s petition alleges that he is engaged in the business of selling books,…