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
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PDF icon CIA-RDP90-00552R000707150112-9.pdf43.17 KB
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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