La Rocco v. Freedom of the Press Co.

Motion to dismiss the first defense for insufficiency under rule 109 of the Buies of Civil Practice, or, if that motion be denied, to strike out paragraphs 4 to 21 of the first defense under rule 103 and also to dismiss the second defense for legal insufficiency pursuant to rule 109.

The action is for libel. The defendants publish the newspaper, the Daily Worker. It is alleged that plaintiff was libeled by the publication in that paper of an article headed “ Italian Fascist Terror Exposed on Long Island.” In the article the plaintiff was referred to as “ a fascist speaker ” and it was set…