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| sp me ee a ON pee O19 (Mev. 0-7-58) C y eon" © JAN2 1958 Liat d ‘Privilege’ in "4 Press Release Wash nator The Sopreme Court has di- rected the U. 3. Court of Ap- peala here to examine into the question of “qualified privilege” in sonnection with issuance of a press felease Which the Jower courts held libelous because It was not absolutely privileged. Damage awards totaling $5,000 had been made in a suit brought against William G, Barr for igsuing a press releaae which two government employees aid defamed them. The high court, without hearing argument, sug- weated that the lower tribunals weigh “conditional privilege” as a defense. The Justice Department had sought a wider ruling: that the interest of the public in govern- mental operations requires s t rule of absolute immunity from libe! suita againgt persons acting i in their official capacity. Disputing the Appellate Court statement that the press release ‘ might have been absolutely privileged lf isaued by a Cabinet officer, the Department of Jus- tice argued: “The rationale of the rule of F immunity applies with equal i- force to lesser officials who hold } policy-making or ‘political’ posi- t tlona, They, tec, should be free ¢ tions, ihey, too, should oe free to explain their acts and policies to the publie without fear of |. defamation charges. Vigorous f: performance of duties untram- / meled by the fear of retaliation by private damage actions ne- cessitates the existence of the privilege... . The result of the decision, Uf allowed to stand, will probably be... a curtail- ment of information which the public is entitled to and should receive about contfoversial mat- ters.” _ The release iseued by Mr. arr named two subordinates as\sponsors of a terminal leave payment plan denoenced by three Senators as a “conspiracy to defraud the government” and a “raid on the treasury.” The subordinates, Mra. Linda A, Matteo and John J. Madigan, aved for libel damages in Dia- trict Court. Mrs. Matteo was awarded §6,500 and Madigan $2,000. The Court of Appeals ‘ voted 2-1 to uphold the awards, « stating that Barr in explatning to the puclic his decision ta sus- pend the subordinates “went outside his line of duty.” eal L ti ee ee ee Re EC GIR 12. Tolaon Nichole Boardman Belmont _ Mobr Parsons ie TE or DED oT ‘RECOR Metco Bhi 237 —— Wash. Post and Times Herald Wash. News Wash. Star N. Y. Herald Tribune N.Y. Journal- American N, Y. Mirror N. ¥. Daily News N.Y. Times Dally Worker The Worker New resith Date