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HERBERT v. LANDO

Nos. 569, 570, Docket 85-7014, 85-7446.

781 F.2d 298 (1986)

Anthony HERBERT, Plaintiff-Appellant-Cross-Appellee, v. Barry LANDO, Mike Wallace, Columbia Broadcasting System, Inc., Defendants-Appellees-Cross-Appellants, Atlantic Monthly Company, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 15, 1986.

Attorney(s) appearing for the Case

Jonathan W. Lubell, Lubell & Lubell, New York City (Mary O'Melveny, William O'Brien, M. Margaret Terry, of counsel), for plaintiff-appellant-cross-appellee.

Charles Rembar, Rembar & Curtis, New York City (Frank R. Curtis, Mark W. Budwig, of counsel), for defendant-appellee Atlantic Monthly.

Adria S. Hillman, Green & Hillman, New York City (Richard G. Green, Nancy S. Hobbs, of counsel), for defendant-appellee-cross-appellant Barry Lando.

David Boies, Cravath, Swaine & Moore, New York City (Pamela G. Ostrager, and Selene E. Mize, Coudert Brothers, on the brief; George Vradenburg, Ronald Guttman, CBS, Inc., of counsel), for defendants-appellees-cross-appellants CBS, Inc. and Mike Wallace.

Before KAUFMAN, TIMBERS and NEWMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The First Amendment embodies one of our nation's strongest ideals, but in practice the principle itself has been subject to constant, unyielding attack. In media defamation law, there have been relentless demands for redress when the media appears to have exceeded the bounds of propriety. So it is that our courts, sensing that shackles on the press might be more easily imposed than lifted, have repeatedly refused demands that they...

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