Legal Opinion

Myers v. Boston Magazine Co., Inc.

Massachusetts Appeals Court

Decided May 29, 1979Published

1Opinion of the Court

7 Mass. App. Ct. 676 (1979)

389 N.E.2d 779

JAMES D. MYERS, JR.

vs.

BOSTON MAGAZINE COMPANY, INC.

Appeals Court of Massachusetts, Suffolk.

March 14, 1979.

May 29, 1979.

Present: GRANT, ROSE, & KASS, JJ.

Richard K. Latimer for the plaintiff.

Joseph D. Steinfield for the defendant.

ROSE, J.

The sole issue on appeal is whether a published description of the plaintiff, a television sports announcer, as "[t]he only newscaster in town who is enrolled in a course for remedial speaking" gives rise to a legally cognizable claim of libel against the defendant publisher. A majority of the panel conclude that it does.

2Cases cited21 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Greenbelt Cooperative Publishing Assn., Inc. v. BreslerSupreme Court of the United States · 1970
  4. Old Dominion Branch No. 496 v. AustinSupreme Court of the United States · 1974
  5. Nader v. CitronMassachusetts Supreme Judicial Court · 1977

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