First Independent Baptist Church of Arab v. Southerland

This is an appeal under Rule 5, ARAP, from an interlocutory order of the Circuit Court of Marshall County declaring that certain radio broadcasts, if defamatory, would constitute libel rather than slander. We affirm.

For the purposes of this opinion it is necessary to recite only the facts essential to our decision. These are that the defendant Bailey, as pastor of the defendant church, taped a series of sermons at an Arab radio station, and each of these tapes was later broadcast over the airwaves by the station.

This is a case of first impression in our jurisdiction. A similar case has been…