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TAGUE v. CITIZENS FOR LAW & ORDER, INC.

Docket No. 969.

75 Cal.App.3d Supp. 16 (1977)

142 Cal. Rptr. 689

PETER W. TAGUE, as Assistant Public Defender, etc., Plaintiff and Respondent, v. CITIZENS FOR LAW AND ORDER, INC., et al., Defendants and Appellants.

Court of Appeals of California, Appellate Department, Superior Court, Alameda.

October 19, 1977.

Attorney(s) appearing for the Case

COUNSEL

Frederick R. Duda and Brian C. Gordenev for Defendants and Appellants.

Barry Morris for Plaintiff and Respondent.

OPINION

PHILLIPS, J. —

I. INTRODUCTION

This appeal is from a judgment in favor of an assistant public defender against a citizens' group and the editor of its newsletter for defamatory statements printed in the newsletter.

The principal issue before us on appeal is whether an assistant public defender is a public official within the meaning of New York Times Co. v. Sullivan (1964)

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