JAMES ALGER FEE, Circuit Judge.
Plaintiff Levitt sent to a congressional committee a telegram in which he said he had "what I believe to be irrefutable evidence that Senator Joseph McCarthy is, himself, a member of subversive organizations whose purpose is to overthrow the Government of the United States, by peaceable means if possible, but by force if necessary." Plaintiff himself gave this communication to the newspapers in Los Angeles, where it was published.<...
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