Afro-American Publishing Co. v. Carl A. Rudbeck

D.C. Circuit

Afro-American Publishing Co. v. Carl A. Rudbeck

248 F.2d 655

CourtCourt of Appeals for the D.C. Circuit

DecidedNovember 8, 1957

Docket13735_1

StatusPublished

Cited by4 cases

This text of 248 F.2d 655 (Afro-American Publishing Co. v. Carl A. Rudbeck) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Afro-American Publishing Co. v. Carl A. Rudbeck, 248 F.2d 655 (D.C. Cir. 1957).

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Opinion

PER CURIAM.

The defendant newspaper publisher appeals from a judgment in a libel suit. The newspaper published an account of an alleged brutal beating by “two officers” who were “plainelothesmen”. The news story included statements that “The accused officers are assigned to precinct 5” and that “The arresting officer was listed as Det. C. A. Rudbeck, according to a spokesman at precinct 5.”

This implied that Rudbeck took part in the alleged beating. The defendant does not contend, in this suit, that he did so. It contends among other things that it only published, in good faith, what it had been told; that the plaintiff was in fact “the arresting officer”; and that the occasion was privileged. Our decision in Pittsburgh Courier Publishing Co. v. Lubore, 91 U.S.App.D.C. 311, 200 F.2d 355, shows that the occasion was not privileged. We find no error affecting substantial rights.

Affirmed.

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PER CURIAM.

The defendant newspaper publisher appeals from a judgment in a libel suit. The newspaper published an account of an alleged brutal beating by “two officers” who were “plainelothesmen”. The news story included statements that “The accused officers are assigned to precinct 5” and that “The arresting officer was listed as Det. C. A. Rudbeck, according to a spokesman at precinct 5.”

This implied that Rudbeck took part in the alleged beating. The defendant does not contend, in this suit, that he did so. It contends among other things that it only published, in good faith, what it had been told; that the plaintiff was in fact “the arresting officer”; and that the occasion was privileged. Our decision in Pittsburgh Courier Publishing Co. v. Lubore, 91 U.S.App.D.C. 311, 200 F.2d 355, shows that the occasion was not privileged. We find no error affecting substantial rights.

Affirmed.

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248 F.2d 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/afro-american-publishing-co-v-carl-a-rudbeck-cadc-1957.

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