''Reynolds v. Pegler'', 223 F.2d 429 (
2nd Cir.
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate j ...
1955), was a landmark
libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defi ...
decision in which
Quentin Reynolds
Quentin James Reynolds (April 11, 1902 – March 17, 1965) was an American journalist and World War II war correspondent. He also played American football for one season in the National Football League (NFL) with the Brooklyn Lions.
Early life ...
successfully sued right-wing columnist
Westbrook Pegler
Francis James Westbrook Pegler (August 2, 1894 – June 24, 1969) was an American journalist and writer. He was a popular columnist in the 1930s and 1940s famed for his opposition to the New Deal and labor unions. Pegler aimed his pen at president ...
, resulting in a record judgment of $175,001.
The case has its origins in a heated dispute between liberal journalist
Heywood Broun
Heywood Campbell Broun Jr. (; December 7, 1888 – December 18, 1939) was an American journalist. He worked as a sportswriter, newspaper columnist, and editor in New York City. He founded the American Newspaper Guild, later known as The Newspape ...
and conservative
Westbrook Pegler
Francis James Westbrook Pegler (August 2, 1894 – June 24, 1969) was an American journalist and writer. He was a popular columnist in the 1930s and 1940s famed for his opposition to the New Deal and labor unions. Pegler aimed his pen at president ...
. Broun died in 1939, but ten years later, author Dale Kramer wrote a book about Broun's life entitled ''The Heywood Broun His Friends Recall''.
Quentin Reynolds wrote a review of this book for the ''
New York Herald Tribune
The ''New York Herald Tribune'' was a newspaper published between 1924 and 1966. It was created in 1924 when Ogden Mills Reid of the ''New-York Tribune'' acquired the ''New York Herald''. It was regarded as a "writer's newspaper" and competed ...
'' book review which was published November 20, 1949. In the book review, Reynolds wrote that in 1939, Pegler had called Broun a liar. Reynolds further wrote that Broun was so distraught over this allegedly false charge that he was unable to sleep or relax, and that as a result, Broun, who was suffering only a cold, died.
The review infuriated Pegler, who regarded the review as a charge of "moral homicide". Pegler lashed out in a response entitled "On Heywood Broun and Quentin Reynolds" in the
Hearst Corporation paper ''
New York Journal American
:''Includes coverage of New York Journal-American and its predecessors New York Journal, The Journal, New York American and New York Evening Journal''
The ''New York Journal-American'' was a daily newspaper published in New York City from 1937 t ...
''. Pegler reiterated his belief that Broun was indeed a "notorious liar" who was a "dirty fighter" that "made his living at controversy". Pegler also dismissed any suggestion that he had been responsible for Broun's death.
However, Pegler did not stop at denouncing the late Broun. Pegler went on to personally attack Reynolds, asserting that "Reynolds and his girl friend of the moment were nuding along the public road"; that "as Reynolds was riding to Heywood's grave with her, he proposed marriage to the widow". Pegler accused Reynolds of being "one of the great individual profiteers of the war" and claimed Reynolds had been involved in fraud involving war contracts. Pegler also accused Reynolds of cowardice, and said he had been exposed by people who had "peeled him of his mangy hide and nailed it to the barn door with the yellow streak glaring for the world to see".
In response to the article, Reynolds sued both Pegler and his publisher, the Hearst Corporation, for libel. The jury awarded Reynolds $1 in compensatory damages and $175,000 in punitive damages. At the time, it was the largest libel judgment ever.
''Reynolds v. Pegler'' inspired the 1963 Broadway play ''A Case of Libel'' by
Henry Denker
Henry Denker (November 25, 1912 – May 15, 2012) was an American novelist and playwright.
Biography
Denker was born in New York, the son of a fur trader. After initially studying to be a rabbi, he change to the study of law and graduated fro ...
,
A Case of Libel
', Internet Broadway Database which was itself later adapted into two TV movies. The case was also detailed in a 1961 book by Reynold's attorney
Louis Nizer
Louis Nizer (February 6, 1902 – November 10, 1994) was a Jewish-American trial lawyer based in New York City. He was the senior partner of the law firm Phillips, Nizer, Benjamin, Krim & Ballon. In addition to his legal work, Louis Nizer was ...
entitled ''
My Life in Court
''My Life in Court'' is a 1961 memoir by American trial lawyer Louis Nizer documenting his career in law. The work was a best seller when it was first released, lasting for 72 weeks on ''The New York Times'' Bestsellers list.
Background
The boo ...
''.
References
Resources
* Louis Nizer. ''My Life in Court''. ()
*
*
{{refend
External links
Full text opinionfrom
Public.Resource.Org
Public.Resource.Org (PRO) is a 501(c)(3) non-profit corporation dedicated to publishing and sharing public domain materials in the United States and internationally. It was founded by Carl Malamud and is based in Sebastopol, California.
Public.Re ...
United States defamation case law
United States Court of Appeals for the Second Circuit cases
1955 in United States case law
New York Herald Tribune
Hearst Communications
United States lawsuits