FREE PRESS IS VITAL FOR A FREE SOCIETY
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP90-00552R000707150112-9
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
1
Document Creation Date:
December 22, 2016
Document Release Date:
August 13, 2010
Sequence Number:
112
Case Number:
Publication Date:
January 6, 1985
Content Type:
OPEN SOURCE
File:
Attachment | Size |
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CIA-RDP90-00552R000707150112-9.pdf | 43.17 KB |
Body:
Approved For Release 2010/08/13: CIA-RDP90-00552R000707150112-9
~EAREf 1 NEW YORK TINES
- 6 January 1985
++' Letters
O
Free Press Is Vital
For a Free Society
To the Editor
With Generals Westmo land and
Sharon suing for libel and the C.I.A.
complaining to e F.C.C. a the
fairness o B.C.. the anal
rights of the press are coming under
the
est atta recentt
Although
Supreme Court
that '
`public' figures- may; aot_.
ruled
recover for libel unless malice or reck-
-less disregard for truth is proved;: the.
difference between recklessness *rid
negligence can be slight, and i the -
determination.is generally a question
for a jury. Hence the long, expensive
-trials taking place in New York.
It is my hope that when these cases
reach the Supreme Court, it will, Inso-
far as "public officials" 'are icon-
cerned, adopt the dissents of Justices
Black and Douglas and rule that there
is an absolute privilege on the part of ..
the press to be free from libel suits
from this class of persons. ` s
If such rule were formulated, the
difficult issue remaining would be to
define the term "public official." As a
matter of policy, this class should
consist of those persons who have
some access to the media to refute ac- -
cusations. I would urge the inclusion
of elected officials, those .receiving
appointment from the President or a
chief executive officer of a geographi-
cal subdivision (state, county, city,
etc.) and top military officers; The
exemption of the 'press from liability
would be limited to items relating to
? the person's official functions.
Although strong arguments ;have
been made that reckless nntruth$ pub-
lished about public officials should re-
sult in liability, the protection of a free
press in a free society is so vial that
the chilling effect of libel litigation
must be removed for this class of per- :
sons. EDw&an H. LEENER
New York, Dec. 28, 1984
The ,writer is a judge of the, Civil
Court of the City of New York , ,
Approved For Release 2010/08/13: CIA-RDP90-00552R000707150112-9