HERBERT v. LANDO

No. 28, Docket 77-7142.

568 F.2d 974 (1977)

Anthony HERBERT, Plaintiff-Appellee, v. Barry LANDO, Mike Wallace, Columbia Broadcasting System, Inc., Atlantic Monthly Company, Defendants, Barry Lando, Mike Wallace and CBS Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 7, 1977.

Certiorari Granted March 20, 1978.


Attorney(s) appearing for the Case

Floyd Abrams, New York City (Dean Ringel, Kenneth M. Vittor and Cahill, Gordon & Reindel, Carleton Eldridge, Jr., Paul Byron Jones, and Coudert Brothers, Richard G. Green, Adria S. Hillman and Green & Hillman, New York City, of counsel), for defendants-appellants Barry Lando, Mike Wallace, and CBS Inc.

Jonathan W. Lubell, New York City (Mary K. O'Melveny, Samuel Estreicher, and Cohn, Glickstein, Lurie, Ostrin & Lubell, New York City, of counsel), for plaintiff-appellee, Anthony Herbert.

Richard Schmidt, Jr., Washington, D. C. (Cohn & Marks, Washington, D. C., of counsel), Dan Paul, Miami, Fla. (Paul & Thomson, Miami, Fla., of counsel), James C. Goodale, New York City, Daniel Feldman, Chicago, Ill. (Isham, Lincoln & Beale, Chicago, Ill., of counsel), Corydon B. Dunham, New York City, J. Laurent Scharff, Washington, D. C. (Pierson, Ball & Dowd, Washington, D. C., of counsel), filed a brief for the American Society of Newspaper Editors, Chicago Sun-Times, Chicago Daily News, The Miami Herald Publishing Co., National Broadcasting Co., Inc., The New York Times Co., and Radio Television News Directors Ass'n, amici curiae.

Before KAUFMAN, Chief Judge, and OAKES and MESKILL, Circuit Judges.


Certiorari Granted March 20, 1978. See 98 S.Ct. 1483.

IRVING R. KAUFMAN, Chief Judge:

The seemingly narrow issue before us — the scope of protection afforded by the First Amendment to the compelled disclosure of the editorial process — has broad implications. Called upon to decide whether, and to what extent, a public figure bringing a libel action may inquire into a journalist's thoughts, opinions and conclusions in preparing a broadcast, we...

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