Dilling v. Illinois Pub. & Printing Co.
| Decision Date | 08 March 1950 |
| Docket Number | Gen. No. 44695 |
| Court | United States Appellate Court of Illinois |
| Parties | DILLING v. ILLINOIS PUBLISHING & PRINTING CO. et al. |
Albert W. Dilling, Chicago, Kirkpatrick W. Dilling, Chicago, for appellant.
Poppenhusen, Johnston, Thompson & Raymond, Chicago (Floyd E. Thompson, Chicago, Roger W. Barrett, Chicago, of counsel), for appellees.
This is an action to recover damages for the publication of an alleged libel. A motion to dismiss the complaint was sustained. Plaintiff appeals.
The complaint alleges that defendant corporation was the owner and publisher of a daily newspaper in Chicago, Illinois called the 'Chicago Herald-American,' that defendants Kapping and Koehler were its managing editor and general manager, respectively, and that on August 11, 1947 defendants published a libelous article which reads:
'Name Subversive Leaders in U. S.
'Special to the Herald-American
'San Jose, Cal., Aug. 11.--California American Legion executives today had taken off the gloves and specifically named persons, publications and organizations in a stinging resolution against communism and other subversive elements.
'The resolution, unanimously adopted at the final state executive committee session of the legion year here, will be presented to the national organization, at the legion convention in New York, Aug. 28 through 31.
'Introduced by Americanism Chairman Harry L. Foster of San Diego, the resolution charged that 'Communists and Facists continue to threaten our cherished ideals of Americanism.'
'Name Mrs. Dilling
'Persons named in the resolution as fostering subversive activities were: Gerald L. K. Smith, Gerhardt Eisler, Elizabeth Dilling, William Z. Foster, Charles B. Hudson, Eugene Dennis, Leon de Aryan and Gerald D. Winrod.
'Publications described as being subversive in character were 'The Broom,' 'America in Danger,' 'In Fact,' 'Think Weekly,' 'The Cross and the Flag,' and 'Appeal to Reason.'
'Organizations stamped as also on the subversive side were the 'Christian Front' and the 'Ku Klux Klan,' and alleged Communist front veterans' organizations, such as the Christian War Veterans of America, the United Negro and Allied War Veterans of America and the Columbians.'
Plaintiff alleges that the foregoing article was libelous in that 'name subversive leaders in U. S.' was tantamount to charging her with a crime of sedition if not treason and that the first paragraph of the article, since she is one of the persons named, likewise is tantamount to charging her with sedition if not treason; that the quotation in paragraph 3 charges that plaintiff was a communist or fascist and charges that she has in the past threatened and will in the future threaten our cherished ideals of Americanism; and finally she alleges that being named in the fourth paragraph as fostering subversive activities in effect charges that she is guilty of the crime of sedition if not treason. No allegations were made in the complaint showing actual malice or special damages.
The sole question presented is whether the article complained of is libelous per se. Characterization of a person as a communist, Spanel et al. v. Pegler et al., 7 Cir., 160 F.2d 619, 171 A.L.R. 699, and as an un-American disciple of fascism, Holden v. American News Co. et al., D.C., 52 F.Supp. 24, is libelous per se. The article is to be understood according to the natural and obvious meaning of the words used, taking into consideration the article as a whole and including headlines, Cook v. East Shore Newspapers, Inc., 327 Ill.App. 559, 64 N.E.2d 751, and where the words used have a clear meaning and are free from ambiguity it is a question for the court whether the words are capable of the meaning ascribed by the innuendo. Life Printing and Publishing Co. v. Field, 324 Ill.App. 254, 58 N.E.2d 307.
We think a person of ordinary intelligence should read a newspaper article, especially...
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