Word: harlan
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...less than a year after his assassination, was patently concocted for shock. Another cover showed a morose nude jammed, derriere-first, into a garbage can. The article it advertised-"The New American Woman: through at 21" -was so heavily rewritten (seemingly to fit the cover illustration) that Freelance Writer Harlan Ellison refused to let Esquire use his byline. The article described a pseudotypical Los Angeles woman, prone to suicide, sexually jaded, hooked on pills and astrologically obsessed, who was supposed to be the wave of the future for all American women coming into their early...
Speaking for Clark, Fortas and Stewart, Justice Harlan applied a diluted Times standard. He pointed out that the riot news "required immediate dissemination." There was little reason for A.P. higher-ups to question the dispatch. The reporter was apparently reliable. His report was internally consistent and, added Harlan, "would not have seemed unreasonable" to a person familiar with such prior Walker radio statements as one contending that the people had "talked, listened and been pushed around far too much . . ." (Harlan delicately declined to finish quoting Walker, who had added that the pushing was being done by "the anti-Christ Supreme...
...Harlan and his three colleagues, quite the opposite was true in the Butts case. Harlan pointed out that the Post had faced no deadline in preparing the "fix" article. Yet despite a denial from Butts, the magazine had taken not even the most elementary steps to verify its story. The original source had been an Atlanta insurance salesman and convict ed check forger, George Burnett, who was accidentally plugged into a phone call between Butts and Bryant. No Post reporter even looked at Burnett's notes of the conversation before the article was published. Nor did anyone interview...
Obscenity Quagmire. The four justices therefore upheld Butts. They were joined by Chief Justice Warren, who found that the Post, unlike A.P., had been guilty of "actual malice." To dissenting Justice Black, any test of "unreasonable conduct" on the part of publishers, as promulgated by Harlan, seemed a promise of new problems. "If this precedent is followed," warned Black, "it means that we must in all libel cases hereafter weigh the facts and hold that all papers and magazines guilty of gross writing or reporting are constitutionally liable, while they are not, if the quality of the reporting is approved...
...Justices Black and White concurred in separate opinions; Justice Harlan concurred in part and dissented in part...