Legal Opinion
Spanel v. Pegler
District Court, D. Connecticut
Decided October 17, 1946No. Civil Actions 1818, 1819PublishedCited by 3 opinions
1Opinion of the Court
HINCKS, District Judge.
A jury could properly find that the alleged libel charged that the plaintiffs were, if not members of the Communist Party, at least sympathetic to its objectives. But the difference between being a member of the Party and being a fellow-traveler or sympathizer, is one of degree only. Grant v. Reader’s Digest Ass’n, 2 Cir., 151 F.2d 733, cert. den. 326 U.S. 797, 66 S.Ct. 492, 90 L.Ed. 485.
The Connecticut Courts seem never to have decided whether such a charge is defamatory, per se. That being so, this Court, I feel, should apply the law of New York as noticed and applied…
2Cases cited7 opinions
- Grant v. Reader's Digest Ass'nCourt of Appeals for the Second Circuit · 1945
- Hassett v. CarrollSupreme Court of Connecticut · 1911
- Sandora v. Times Co.Supreme Court of Connecticut · 1931
- Gallagher v. ChavalasCalifornia Court of Appeal · 1941
- Toomey v. JonesSupreme Court of Oklahoma · 1926
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3Cited by3 opinions
- Cahill v. Hawaiian Paradise Park CorporationHawaii Supreme Court · 1975
- Grein v. LaPomaWashington Supreme Court · 1959
- Spanel v. PeglerCourt of Appeals for the Second Circuit · 1948