Damages Undone

In other major decisions* handed down on the final day of its term, the Supreme Court nailed up fences protecting 1) federal officials, and 2) broadcasting stations from important types of libel suits.

Government officials, said Justice John Marshall Harlan for .the majority in a historic, 5-to-4 decision, "should be free to exercise their duties unembarrassed by the fear of damage suits . . . which might appreciably inhibit the fearless, vigorous and effective administration of policies." So saying, the Court extended to all policymaking federal officials a rule that it had applied to Cabinet officers back in 1896: they have "absolute privilege" in making statements on "matters committed by law to [their] control or supervision," meaning that they are immune from libel suits even if a statement is malicious and false.

Two immediate beneficiaries: 1) William G. Barr, named to head the Office of Rent Stabilization in 1953, and sued for telling the press that his "first official act" would be to suspend two employees who had been mixed up in a manipula: tion of ORS funds; and 2) Admiral W. E. Howard Jr., who, as commanding officer of the Boston Naval Shipyard, reported to Congressmen--with copies to the press --that the shipyard would soon withdraw recognition of a union, and was sued by the union.

Under federal law, a radio or TV station that grants time to a "legally qualified candidate for any public office" has to grant equal time to his rivals. The same ridiculous law, now under attack by Ike as well as radio and TV stations, bars the station from "censorship" of what candidates say. Back in 1956, WDAY in Fargo, N. Dak. granted equal time to A. C. Townley, independent candidate for U.S. Senator (he lost), and a farmer association attacked in Townley's speech sued WDAY for damages. Ruled the Court, 5 to 4: since WDAY was only doing what federal law said it had to do, it was not liable under the state's libel laws.

* For another. see SHOW BUSSINESS.

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