Konigsberg v. Time, Inc.

District Court, S.D. New York
Konigsberg v. Time, Inc., 288 F. Supp. 989 (1968)
1968 U.S. Dist. LEXIS 9462

Konigsberg v. Time, Inc.

Opinion

OPINION

POLLACK, District Judge.

Plaintiff seeks to enjoin defendant from publishing magazine articles which allegedly libel the plaintiff and the August 9, 1968 issue of Life Magazine in particular which contains an article entitled “The Mob: The Congressman and the Hoodlum” and which contains statements regarding the plaintiff which, if false, would constitute libel.

A court of equity will not, except in special circumstances, issue an injunctive order restraining libel or slander or otherwise restricting free speech.

To enjoin any publication, no matter how libelous, would be repugnant to the First Amendment to the Constitution, Crosby v. Bradstreet Co., 312 F.2d 483 (2d Cir. 1963); Parker v. Columbia Broadcasting System, Inc., 320 F.2d 937 (2d Cir. 1963); cf. Near v. State of Minnesota ex rel. Olson, 283 U.S. 697, 51 S.Ct. 625, 75 L.Ed. 1357 (1931), and to historic principles of equity. American Malting Co. v. Keitel, 209 F. 351 (C.C.A. 2, 1913).

The motion for an injunction is therefore denied.

So. ordered.

Reference

Full Case Name
Harold KONIGSBERG, Plaintiff, v. TIME, INC., Defendant
Cited By
18 cases
Status
Published