August 23, 2011

  • 237 Libel and Slander
  • 237II Privileged Communications, and Malice Therein
  • 237k48 Criticism and Comment on Public Matters; Public Figures
  • 237k48(1) k. In General.

237 Libel and SlanderPlaintiff and her sisters were giving public entertainments as singers, dancers, reciters, and comedians, singing songs and reciting productions composed by themselves. They were persons without musical or dramatic ability, and their performance was childish and ridiculous, causing great disorder and confusion. Defendants published in their newspaper a severe and satirical criticism, holding the performers up to ridicule. Held, in an action for libel, that it was proper to direct a verdict for defendants,-there being no proof of actual malice,-since, as the article was concerning a public performance, it was privileged, even though written in ridicule and sarcasm and exaggerated.
Cherry v. Des Moines Leader, 86 N.W. 323 (Iowa 1901)

Suggested by Craig Gustafson, West Principal Attorney Editor