Melvin Varnish v. Best Medium Publishing Co. Inc.

LUMBARD, Chief Judge:

This appeal presents the difficult question of whether the appellant’s article, “ ‘Happiest Mother’ Kills Her Three Children and Herself,” was sufficiently untruthful and offensive to support a judgment for invasion of privacy.

In September, 1963, Melvin Varnish’s wife killed their three infant children and committed suicide. In March, 1964, Best Medium Publishing Co., Inc. published an article in its weekly, The Na*610tional Enquirer, purporting to describe Varnish’s actions and reactions in connection with this tragedy.1 The article was based upon previous newspaper reports…