EMBREY v. HOLLY

[No. 71, September Term, 1981.]

293 Md. 128 (1982)

442 A.2d 966

JAMES EMBREY, JR. ET AL. v. DENNIS P. HOLLY

Court of Appeals of Maryland.

Decided March 23, 1982.


Attorney(s) appearing for the Case

Theodore Sherbow, with whom were Stephen M. Hearne and Sherbow, Shea & Tatelbaum, P.A. on the brief, for appellants.

Marvin Ellin and Donald F. Oakley, with whom were Ellin & Baker on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.


DIGGES, J., delivered the opinion of the Court. MURPHY, C.J., and ELDRIDGE and DAVIDSON, JJ., dissent. MURPHY, C.J., filed a dissenting opinion at page 143 infra, in which ELDRIDGE and DAVIDSON, JJ., join.

Ever since the United States Supreme Court in the case of New York Times v. Sullivan1 declared in 1964 that laws of libel and slander are incompatible with the concepts underlying the first amendment of the federal constitution...

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