Word: libeler
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Dates: during 1960-1969
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...York Times Co. v. Sullivan four years ago, the Supreme Court laid down tough constitutional limitations on libel recoveries by public officials. "A defamatory falsehood relating to his official conduct," ruled the court, must be "made with 'actual malice'-that is, with knowledge that it was false or with reckless disregard of whether it was false or not." So much for public officials. But what of persons very much in the public eye, though not public officials? They too play an important part in shaping the course and creeds of the country. Should not the press be permitted...
Strategy Revealed. Last week the court attempted to answer that question in deciding the separate libel cases of former University of Georgia Athletic Director Wally Butts and former Army Major General Edwin Walker. Both cases had created quite a stir from the start...
...rigor of a court of law, and neither the decision to investigate Powell's eligibility nor the resolution that excluded him specified any reason why he might not be qualified. Basically, however, members cited Powell's misuse of Congressional funds and privileges, and the contempt charges arising from a libel suit against him in New York...
...action against members under criminal charges pending disposition in the court of last resort." Thus, even if the powers of exclusion and expulsion were not maintained distinct -- giving Congress dangerously broad discretionary power -- the treatment of Powell, if based on his legal troubles in New York, remains unjustified. His libel case is still under appeal...
Compared to the libel suit and attending contempt charges, Powell's alleged misuse of funds provides Congress with stronger grounds for expelling him but a much weaker basis for excluding him. Even the moderate alternative proposed by the House investigating committee, which included fining Powell, could be contested as an unconstitutional bill of attainder. Congress's soundest action against Powell would have been to sue him in court...