Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

"The publications in the instant case are fair comment and criticism on a matter of public interest and as such are not actionable. The essential elements of fair comment in order to be deemed not actionable are:(1) that the publication is an opinion;(2) that it relates not to an individual but to his acts;(3) that it is fair, namely that the reader can see the factual basis for the
- in Porcella v. Time, Inc., 1962 and 11 similar citations
"Plaintiff's theory seems to be that he is a member of a group of persons—namely, those who participate in and support vivisection, and that any words written of and concerning this group are, in law, written of and concerning the plaintiff. However, such a theory may not be applied unless the publication can be said with certainty to include every individual within the …
We noted with approval the statement of the Illinois innocent construction rule: "The language must receive an innocent construction when susceptible of such interpretation and cannot by innuendo be extended beyond a reasonable construction."
- in Lepman v. Everett, 1964 and 3 similar citations
The courts have also, especially in libel cases, investigated the plaintiff's position to determine whether he has a legitimate call upon the court for protection in light of his prior activities and means of self-defense.
- in Curtis Publishing Co. v. Butts, 1967 and 4 similar citations
Although this court has not heretofore expressed the rule, it has been adopted and applied by our Appellate Courts and by Federal Courts sitting in Illinois
- in John v. Tribune Company, 1962 and 2 similar citations
The law is clear that absent such a showing, defamation of a class or group does not form the basis of a cause of action on the part of an individual member of the group.
An action was dismissed when the court found as being insufficiently descriptive of the plaintiff, an illustration depicting the hands, a leg and a foot of a vivisectionist, the class of which was attacked as being animal torturers
Lower courts have found the existence of public interest for fair comment purposes even where the subject matter was neither a creative work nor a public official's conduct.
The matter must be construed in the sense which readers of common and reasonable understanding would ascribe to it, and where language is unambiguous and capable of only one meaning, it presents a question of law to be determined by the court as to whether or not it is libelous per se.
- in Estill v. Hearst Publishing Co., 1951 and one similar citation

Cited by

212 A. 2d 335 - DC: Court of Appeals 1965
254 F. 2d 927 - Court of Appeals, 7th Circuit 1958
571 F. Supp. 1082 - Dist. Court, ND Illinois 1983
279 NE 2d 361 - Ill: Appellate Court, 1st Dist. 1972
295 F. Supp. 704 - Dist. Court, SD Georgia 1969
393 F. 2d 283 - Court of Appeals, 7th Circuit 1968
366 F. 2d 649 - Court of Appeals, Dist. of Columbia Circuit 1966
333 F. 2d 154 - Court of Appeals, 7th Circuit 1964
181 NE 2d 105 - Ill: Supreme Court 1962
300 F. 2d 162 - Court of Appeals, 7th Circuit 1962