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None of the jurors had ever read books or articles by Elizabeth Bentley, Whittaker Chambers, Louis Budenz, J. B. Matthews, Herbert Philbrick, William F. Buckley Jr., Gerald L. K. Smith, Westbrook Pegler, Dan Smoot, Robert Welch, Dr. Fred Schwarz or Dr. George Benson, or listened to radio programs conducted by Fulton Lewis Jr., John T. Flynn, Life Line, Facts Forum, Clarence Manion's Forum, or the 20th Century Reformation Hour...

Author: /time Magazine | Title: Communists: Breathes There a Jury With Soul So Pure? | 11/12/1965 | See Source »

Last year Mrs. Power decided that 'local folks were getting overly fond of a 15-minute Sunday show sponsored by the American Conservative Club. Writing in the league's local bulletin, Mrs. Power declared: "The Dan Smoot TV program, literally right out of Dallas, Texas, is a skillful professional job of propaganda against-against the United Nations, against all foreign aid, against the income tax, against civil rights for the Negro. It is based on slanted information, half-truths, innuendoes, and sometimes worse...

Author: /time Magazine | Title: Libel: Possum-Playing Plaintiff | 1/15/1965 | See Source »

...later bulletin, she apologized to Smoot "if we hurt his feelings," but the commentator was not moved. He slapped a $1,000,000 libel suit against Mrs. Power and three other league members, charging that he had suffered financial loss. He offered no specifics whatever, and he spent the next ten months playing possum with the court. Weary of endless pretrial conferences, Federal Judge Noel P. Fox in Grand Rapids finally ordered Smoot to post a $15,000 bond (he never has) to cover the league's legal fees if it could prove that Smoot's suit...

Author: /time Magazine | Title: Libel: Possum-Playing Plaintiff | 1/15/1965 | See Source »

When Fox refused, Smoot asked for a writ of prohibition from the U.S. Court of Appeals in Cincinnati. Fox argued in reply that the ladies had a free-speech right to clear their names, said he was convinced that Smoot had sued them as part of "a definite plan of harassment and punishment." Without a trial, said Fox, the league would be open to similar suits every time it spoke out. With a trial, the courts could attack a new libel issue-whether public commentators, like public officials, are subject to the rule of no recovery from critics except...

Author: /time Magazine | Title: Libel: Possum-Playing Plaintiff | 1/15/1965 | See Source »

...Court of Appeals ruled against Judge Fox. Since that leaves Smoot, in effect, the victor, the league's lawyers are now honing an appeal to the Supreme Court on the ground that the ladies of Grand Traverse may be in for future trouble if they now fail to fight for the right to speak their minds...

Author: /time Magazine | Title: Libel: Possum-Playing Plaintiff | 1/15/1965 | See Source »

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