Hartmann v. Winchell

Though I concur in the conclusion reached — that defendant’s utterance over the radio is actionable per se, without allegation or proof of special damage — I cannot agree with the court’s rationale. It impresses me as unreal to have liability turn upon the circumstance that defendant read from a script when, so far as appears from the complaint before us, none of his listeners saw that script or, indeed, was even aware of its existence. As I see it, liability; cannot 1 be determined here without first facing and deciding the basic question whether defamation by radio, either with or without a…