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Page 8/The Battalion/Wednesday, March 21, 1984
Hustler, Enquirer lose libel appeals
United Press International
WASHINGTON — The Su
preme Court, in rulings involv
ing the National Enquirer and
Hustler magazine, Tuesday
subjected national newspapers
and magazines to libel suits filed
virtually anywhere in the
United States.
In a $20 million libel suit
against the National Enquirer,
‘ ' eld '
the court unanimously hel
journalists based in one state
are not protected from being
sued in another, more distant
state.
Ruling separately to revive an
$80 million suit against Hustler
magazine by a female official of
rival magazine Penthouse, the
court unanimously said a publi
cation can reasonably expect to
be sued “wherever a substantial
number of copies are regularly
sold and distributed.”
In both cases the court em
phasized the publications were
national and had large circula
tions in the states where the
suits were brought.
The rulings were a blow to
publishers and broadcasters
who argued that subjecting
them to litigation in far away
states would lead to disruption
in newsrooms, costly legal fees
and, possibly, crippling damage
awards.
In another ruling, the court
upheld, 8-0, a $10.5 million ver
dict against Monsanto Co., for
conspiring with other distribu
tors to fix the resale price of
herbicides.
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“Hello?”
‘Now honey, before you say any
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one heck of a heat wave up here!
You could fry eggs on these igloos,
no kidding! So how could I stand
idly by and let these poor perspiring
Eskimos trade their muk-luks for
bikinis?”
‘Sweetheart, forget the hurt, forget
the 70 bucks you blew on the for
mal, just tell me you forgive me!
“Roger, is that you?”
“Earline, this is Dwayne!
V9
‘Dwayne? I don’t know any
Dwayne! Say, who is this anyway?”
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The suit by Jones and her
husband, theatrical producer
Marty Ingels, stems from an
Oct. 9, 1979, article that said In
gels had “terrorized his staff,
cheated stars, outraged adver
tisers and scandalized Holly
wood,” and that his wife “has
been driven to drink by his bi
zarre behavior.”
The 9-0 ruling in the Hunler
case, also written by Rehnquist,
allows Penthouse executive
Kathy Keeton to pursue her li
bel case in New Hampshire,
which is the last state that can
still consider her claims.
IM?
BAPTI
In the libel case against the
Enquirer, brought by Holly
wood actress Shirley Jones and
her husband, the justices ruled
9-0 that the Enquirer’s editor
and reporter must be prepared
to answer in California for
article about the actress.
tor an
The controversial tabloid dis
tributes more than 30 million
copies in California each year.
Under the circumstances, Jus
tice William Rehnquist wrote
for the court, they must “‘rea
sonably anticipate being hauled
into court there’ to answer for
the truth ot the statements
made in their article.”
Her suit against Hustler Pub
lisher Larry Flynt arises from a
1976 Hustler cartoon she claims
accuses her common-law hus
band, Penthouse publisher
Robert Guccione, of infecting
her with venereal disease.
andc
cente
form
COLU
Hustler’s regular circulation
in the state is sufficient legal
grounds for allowing the libel
suit to be brought in that state,
Rehnquist said.
p.m.
CATH<
man 1
cente
COL01
R.S.I
in Co
Com;
ERA controversy
flaring once again
DEBAl
cami
FELL0
meet!
mom
United Press International
WASHINGTON — A House
subcommittee chairman is chal
lenging a decision by Justice De
partment officials who over
turned a recommendation for a
perjury indictment against the
EPA’s former general counsel,
sources said Tuesday.
In the letter, first disclosed by
The Washington Post, Dingel!
wrote that “a recommendation
at the prosecutorial level to seek
an inaictment of Mr. Perry on
certain matters under investiga
tion was rejected by higher de
partment officials.”
uon.
GAYS
mere
bians
Former general counsel Rob
ert Perry was among nearly a
dozen ousted Environmental
Protection Agency officials
cleared of criminal allegations
by the Justice Department last
year after lengthy FBI investi
gations stemming from a con
troversy that shook the agency.
A knowledgeable Justice De
partment source said that the
decision not to seek an india
ment of Perry was made by ca
reer department attorneys, not
u a
political appointees.
In a report that cleared seve
ral of the EPA officials last Au
gust, the Justice Department
said Perry gave “inconsistent”
sworn testimony to Congress,
but concluded there was insuffi
cient evidence of willful decep
tion to warrant a perjury pros
ecution.
One source said proseculon
in the Justice Department’s!
Public Integrity Section urged
seeking an indictment against j
Perry.
Only Rita Lavelle, who
Uv
headed EPA’s hazardous waste
cleanup unit, was prosecuted as
a result of the scandal, prompt
ing some House Democrats to
accuse the Justice Department
of a political whitewash.
A Justice Department source
said the lawyers were over
turned by a five-member revien
committee, including senior
lawyers in the unit, who derided
unanimously not to seek an in
dictment. The decision never
reached the political level, lire
source asserted.
Lavelle’s firing in February
1983 triggered a stream of alle
gations that Reagan administra
tion officials at the agency had
cozy ties with industry, conflicts
of interest and cut sweetheart
deals with companies they were
regulating. The revelations re
sulted in Anne Burford’s resig
nation as EPA chief and the de
parture of 21 other political
appointees.
Rep. John Dingell, D-Mich.,
chairman of the House Energy
and Commerce subcommittee
on oversight and investigation,
challenged the department’s
handling of the Perry case in a
March 7 letter to Associate At
torney General Lowell Jensen.
Dingell asked to see the de
partment’s records on the case,
including a memo from thede
partment’s Office of Legal
Counsel, headed by Theodore
Olson, that he described as
“critical of the decision not to
proceed against Mr. Perry.”
Department sources saidtlit
memo was written by Lam
Sims, who was out of town anil
unavailable for comment.
The department had invest:
gated two possibly false
statements by Perry during ht
sworn testimony to Congressia
December 1982 and on Mard
7, 1983. In the first instance.
Perry said he was not familia:
with “green books” containini
derogatory comments aboutte
staff. One witness before Dint
ell’s panel testified that Pern
had instructed a secretary toge
his green book and “deduf
points” from an employee will
whom he was unhappy.
forth
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