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CEPEDA v. COWLES MAGAZINES AND BROADCASTING, INC.

No. 21560.

392 F.2d 417 (1968)

Orlando CEPEDA, Appellant, v. COWLES MAGAZINES AND BROADCASTING, INC., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

April 2, 1968.

Attorney(s) appearing for the Case

Marvin E. Lewis (argued), George Olshausen, of Lewis & Stein, San Francisco, Cal., for appellant.

Charles W. Kenady (argued), Richard L. Noble of Cooper, White & Cooper, San Francisco, Cal., for appellee.

Before MADDEN, Judge of the United States Court of Claims, and CHAMBERS and JERTBERG, Circuit Judges.

MADDEN, Judge:

In New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686, the Supreme Court in 1964 made a wide breach in what had previously been the law of libel. Twelve years earlier, in Beauharnais v. People of State of Illinois, 343 U.S. 250, 72 S.Ct. 725, 96 L.Ed. 919, Justice Frankfurter had said, for the Court, "Libelous utterances not being within the area of constitutionally...

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