LATHAN v. JOURNAL CO.


30 Wis.2d 146 (1966)

LATHAN, Appellant, v. JOURNAL COMPANY, Respondent.

Supreme Court of Wisconsin.

March 1, 1966.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Harvey L. McCormick of Milwaukee.

For the respondent there was a brief by Foley, Sammond & Lardner and James P. Brody and John R. Collins, all of Milwaukee, and oral argument by Mr. Brody.


HEFFERNAN, J.

In an action for libel the court must first determine whether the writing complained of is defamatory. If it is not, that ends the matter. In the event of defamation, the court must consider the defenses alleged. A matter, though defamatory, is still not actionable if it is true, since truth is a complete defense. Williams v. Journal Co. (1933), 211 Wis. 362, 370, 247 N. W. 435. However, even though a matter is false, it may nevertheless be privileged...

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