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LEVIN v. McPHEE

No. 971, Docket 96-7408.

119 F.3d 189 (1997)

Ilya D. LEVIN, Plaintiff-Appellant, v. John McPHEE; The New Yorker Magazine, Inc., and Farrar, Straus & Giroux, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 17, 1997.

Attorney(s) appearing for the Case

Erica B. Raved, UALR School of Law, Little Rock, AR, for Plaintiff-Appellant.

Leon Friedman, New York City, for Defendants-Appellees John McPhee and Farrar, Straus & Giroux, Inc.

Kevin W. Goering, New York City (Christine M. Hoey, Coudert Brothers, New York City; Devereux Chatillon, The New Yorker, New York City, on the brief), for Defendant-Appellee The New Yorker Magazine, Inc.

Before: FEINBERG, NEWMAN, and McLAUGHLIN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Libel law frequently calls for careful policing of the line that separates defamatory writings for which an author is properly liable from legitimate explorations of controversial episodes for which a journalist or historian must enjoy insulation from liability. The weighty interests of victims apprehending damaged reputations and of members of the public seeking an opportunity to make up their own minds weigh in the balance. The tension...

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