Beauharnais v. Pittsburgh Courier Publishing Co.
Decision Date | 10 May 1957 |
Docket Number | No. 11670.,11670. |
Parties | Joseph BEAUHARNAIS, Plaintiff-Appellant, v. The PITTSBURGH COURIER PUBLISHING CO., Inc., Defendant-Appellee. |
Court | U.S. Court of Appeals — Seventh Circuit |
Joseph Beauharnais, Chicago, Ill., for appellant.
Leon H. Isaacson, Chicago, Ill., for appellee.
Before DUFFY, Chief Judge, and FINNEGAN and SWAIM, Circuit Judges.
Plaintiff's complaint herein sought damages from defendant for publishing alleged libelous matter in the January 5, 1952 issue of its newspaper, The Pittsburgh Courier. Defendant is a Pennsylvania corporation, and plaintiff a resident of Illinois. Jurisdiction was based upon diversity of citizenship. The record indicates defendant's newspaper is circulated principally among members of the colored race.
Defendant published in its January 5, 1952 issue an article with a large headline "What's Behind the Cicero Riot?" Plaintiff's photograph appeared as part of the background for the headline. Also, as part of said background, was reproduced a circular or pamphlet with the heading "The White Circle League of America", which listed plaintiff as the founder. The circular was worded as follows:
Phone. "My name is Address ................."
After ten spaces for signatures and addresses, the circular concluded with:
The words of the article of which plaintiff complained and set forth in his complaint are: "Beauharnais, tall, loose-jointed, shifty-eyed, was dressed in a shoddy blue suit with red and white stripes, probably in answer to his `patriotic' tendencies."
As to damages, plaintiff averred in each Counts 1 and 2 "That by reason of the premises plaintiff has been damaged in the sum of One Million Dollars, for which he prays judgment." As to Count 3, Plaintiff alleged "By reason whereof the plaintiff has been damaged in his standing and reputation, and in his business and social relations, in the community in which he lives and elsewhere, in the sum of One Million Dollars, for which he prays judgment."
The original complaint was filed by plaintiff pro se, but an amendment to the complaint showing diversity of citizenship, was signed by plaintiff and by his attorney, Lawrence M. Fine.
Defendant's answer, among other things, averred the article declared on was published as a news item pertaining to plaintiff's activities as the founder of The White Circle League, and his actions creating and promoting racial discord and hatred. In substance, the answer alleged that the article was fair comment, and that it was written and published without malice. The answer denied that the statements therein were false and untrue and asserted that the article was published in good faith.
The trial in the District Court was before a jury. Defendant moved for a directed verdict at the close of plaintiff's evidence. The District Court granted the motion, whereupon the jury returned verdict in favor of the defendant. Judgment was entered accordingly from which this appeal was taken.
The law of Illinois is controlling. Spanel v. Pegler, 7 Cir., 160 F.2d 619, 621, 171 A.L.R. 699; Rose v. Indianapolis Newspapers, 7 Cir., 213 F.2d 227, 229. Article 2, § 4 of the Constitution of Illinois, S.H.A., provides:
Illinois has a statutory definition of libel. Smith-Hurd Ann.Stats. Chap. 38, § 402, provides: "A libel is a malicious defamation, expressed either by printing, or by signs...
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