Savannah News-Press, Inc. v Grayson
Savannah News-Press, Inc. v Grayson
Opinion of the Court
Code § 105-703 provides: “Any false and malicious defemation of another in any newspaper, magazine, or periodical, tending to injure the reputation of any individual and expose him to public hatred, contempt, or ridicule, shall constitute a newspaper libel, the publication of such libelous matter being essential to recovery.” The publishing company contends that the editorials are not libelous per se in that they are fair comments on the works of a political candidate and that they cannot be construed to charge immoral or reprehensible conduct on their face and that since no innuendo is alleged no case is alleged since no special damages are alleged. While this case is a temptation to expatiate on the subject of libel, it is to us a comparatively simple one. It seems to us that the simple question is: could each editorial have been understood by the average reader to charge the plaintiff with such conduct as to tend to injure the reputation of the plaintiff and expose him to public hatred, contempt or ridicule? Cases from other jurisdictions are interesting, but we need search no further than our own precedents to find the answers to problems posed in this case. To sustain the contention of the defendant, this court would have to hold as a matter of law that the words used are not actionable per se, that is, that they did not tend to injure the plaintiff’s reputation. Mell v. Edge, 68 Ga. App. 314 (22 S. E. 2d 738). This court cannot say as a matter of law that the editorials do not tend to injure the plaintiff’s reputation in the minds of the average reader of the editorials. What the reader understood the editorials to mean, in this case, is a jury question. Augusta Evening News v. Radford, 91 Ga. 494 (17 S. E. 612, 20 L. R. A. 533, 44 Am. St. Rep. 53); Horton v. Georgia Co., 175 Ga. 261, 274 (165 S. E. 443); Atlanta Journal Co. v. Doyal, 82 Ga. App. 321 (60 S. E. 2d 802); Yelle v. Cowles Publishing Co., 53 A. L. R. 2d 1 and annotation following; Davis v. Macon Telegraph Publishing Co., 93 Ga. App. 633 (92 S. E. 2d 619). As to the first editorial, this court cannot say as a matter of law that it did not accuse Mr. Gray-
The court did not err in overruling the general demurrer to the petition.
Judgment affirmed.
Concurring Opinion
concurring specialy. While I agree with everything that is said in the majority opinion of my colleagues with reference to the first two editorials as published by the defendant in this case, I cannot agree with the conclusion and holding in the majority opinion with reference to the third editorial under consideration in this case. Code § 26-4201 provides: “Any two or more persons who shall conspire or agree to defraud, cheat, or illegally obtain from the State, or any county thereof, or from any public officer of this State, or any county
Although it might be argued that the acts and doings the editorial charges the plaintiff with having committed, and which form the basis for this law suit might not be sufficient to support an indictment, by a grand jury under § 26-4201, supra, nevertheless the law of libel does not contemplate nor require the same technical ingredients that are necessary for an indictment, by a grand jury, to be present in a newspaper article in order for same to be libelous per se, where, as in this case, the language employed in the editorial charges the plaintiff with having violated a criminal statute. It is libel per se to charge a person with a crime. Atlanta Journal Co. v. Doyal, 82 Ga. App. 321 (60 S. E. 2d 802); Davis v. Macon Telegraph Publishing Co., 93 Ga. App. 633 (92 S. E. 2d 619); Yelle v. Cowles, 46 Wash. 2d 105 (278 P. 2d 671, 53 A. L. R. 2d 1).
Accordingly, I am of the opinion that the third editorial published by the defendant was libelous per se.
Reference
- Full Case Name
- Savannah News-Press, Inc. v. Grayson
- Cited By
- 5 cases
- Status
- Published