JULIAN MESSNER, INC., ET AL.
v.
SPAHN

U.S. | 1967-05-22
No. 1154
The Chief Justice and Mr. Justice Fortas would dismiss the appeal for want of a substantial federal question.
387 U.S. 239 Supreme Court of the United States (1967) Positive Treatment
Cited by 6 cases
Per_curiam
Per Curiam.

Per Curiam.

The motion of the Authors League of America, Inc., for leave to file a brief, as amicus curiae, is granted.

The judgment is vacated and the case is remanded to the Court of Appeals of New York for further consideration in light of Time, Inc. v. Hill, 385 U. S. 374.

The Chief Justice and Mr. Justice Fortas would dismiss the appeal for want of a substantial federal question.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Curtis Publ'g Co. v. Butts, 388 U.S. 130 (U.S. 1967)
    …endent public interest at the time of the publications; both, in our opinion, would have been labeled “public figures” under ordinary tort rules. See Spahn v. Julian Messner, Inc., 18 N. Y. 2d 324, 221 N. E. 2d 543, remanded [*155] on other grounds, 387 U. S. 239. Butts may have attained that status by position alone and Walker by his purposeful activity amounting to a thrusting of his personality into the “vortex” of an important public controversy, but both commanded sufficient continuing public interest a…
  • Grove v. DUN & Bradstreet, Inc., 438 F.2d 433 (3d Cir. 1971)
    ….Ed.2d 262 (1968); Curtis Publishing Co. v. Butts, supra; Garrison v. Louisiana, 379 U.S. 64, 74, 85 S.Ct. 209, 13 L.Ed.2d 125 (1964); Spahn v. Julian Messner, Inc., 18 N.Y.2d 324, 274 N.Y.S.2d 877, 221 N.E. 2d 543, remanded on other grounds, [*436] 387 U.S. 239, 87 S.Ct. 1706, 18 L.Ed.2d 744 (1966). Noting in Butts, supra,, 388 U.S. at 152, 87 S.Ct. at 1990, “the basic theory of libel has not changed,” and crystallizing the competing concerns of the First Amendment and “society’s ‘pervasive and strong int…
  • Varnish v. Best Medium Publ'g Co. Inc., 405 F.2d 608 (2d Cir. 1968)
    …minor inaccuracies and fictionalized dialogue will not alone defeat the privilege granted to truthful publications of public interest. Cf. Spahn v. Julian Messner, Inc., 18 N.Y.2d 324, 274 N.Y.S.2d 877, 221 N.E. 2d 543 (1966), vacated and remanded, 387 U.S. 239, 87 S.Ct. 1706, 18 L.Ed.2d 744, rearg., 21 N.Y. 124, 286 N.Y.S.2d 832, 233 N.E. 2d 840 (1967), probable jurisdiction noted, 393 U.S. 818, 89 S.Ct. 80, 21 L.Ed.2d 91 (Oct. 14, 1968); Koussevitzky v. Allen, Towne & Heath, 188 Misc. 479, 484, 68 N.Y.S.…

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