Gunstock and First Amendment Rights

[thetrailboss]

I was reading today and found this case involving a former Gunstock manager...famous case for Libel Cases:

lfred D. ROSENBLATT, Petitioner,
v.
Frank P. BAER.
No. 38.
Argued Oct. 20, 1965.
Decided Feb. 21, 1966.

A newspaper columnist allegedly imputed mismanagement and peculation to plaintiff specifically when plaintiff and county commissioners were in charge of a county ski recreation area in New Hampshire. The supervisor filed a civil libel action against the columnist. A jury in New Hampshire Superior Court awarded damages to the plaintiff. Exceptions of defendant were reserved and transferred. The Supreme Court of New Hampshire, 106 N.H. 26, 203 A.2d 773, rendered judgment on the verdict. Certiorari was granted. The Supreme Court, Mr. Justice Brennan, held that in order to recover damages the plaintiff must show that the asserted implication of the column was made specifically of and concerning him, and that instructions which permitted him to recover upon a finding merely that he was one of a small group acting for an organ of government, only some of whom were implicated, but all of whom were tinged with suspicion, were erroneous.
Reversed and remanded to New Hampshire Supreme Court for further proceedings.
Mr. Justice Fortas dissented; Mr. Justice Black, Mr. Justice Douglas and Mr. Justice Harlan dissented in part.

Citation: 383 US 75 (1966)

Anyone remember this incident?

 

[Skifastsailfast]

No I don't remember that. Almost (but not quite) before my time. Trying to get thru the legalese to understand it completely. Looks like Supreme COurt threw out a lower court finding for plaintiff (Gunstock manager).

I skied Gunstock quite a bit in the mid-80s when I was living in the area. Got to ski free midweek as a work perk. I enjoyed the place, very friendly, though not particularly challenging. Not that it needed to be as I was an intermediate at best.

 

[ckofer]

I know a person by the last name Baer and he claims that the Redhat trail is named after his grandfather. Relevance? Your call.

 

[ctenidae]

Actually, kind of an interesting case, in part because of it's connection to a libel suit against the New York Times that SCOTUS decided after teh NH Supreme court affirmed the lower court's ruling.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=383&invol=75