The Supreme Court today upheld a decision of the Circuit Court which interpreted New York State law as holding it libelous to charge a public official with anti-Semitism. The high tribunal issued no written opinion and was divided 4 to 4 with Justice Jackson not participating. Under such circumstances the action of the court appealed from is confirmed.
The case on which the Supreme Court issued its ruling now goes back to the Northern New York Federal District Court to determine whether under the principles enunciated by the Circuit Court at New York there was any libel involved. The action of the Supreme Court today resulted from a libel suit brought by Representative Martin L. Sweeney of Ohio against the Schenectady Union Publishing Co, for publishing in the Schenectady Union Star an allegation that he opposed the appointment of Emerich Burt Freed as Federal District Judge at Cleveland because Freed was a Jew. Sweeny sought $250,000 damages. His complaint was dismissed by the New York Federal District Court but its decision was later reversed by the Federal Circuit Court which ordered a new trial.
In a brief filed with the Supreme Court the newspaper said the Circuit Court decision “interprets the article as charging respondent (Sweeney) with racial prejudice and upon that basis holds it to be libelous per se.” Mr. Sweeney’s brief said “the sole and determinative question is whether the Circuit Court of Appeals correctly stated the law in holding the words complained of to be actionable per se.” The Circuit Court ruling applied only to New York, since it was interpreting the law of that State. Other courts throughout the country have reached different conclusions in similar suits brought by Mr. Sweeney.
Four leading Jewish organizations, the B’nai B’rith, the American Jewish Committee, the Jewish Labor Committee and the American Jewish Congress were participants in the case as “amicae curae,” friends of the court. Some time ago they filed briefs with the Supreme Court supporting the Schenectady newspaper.
JTA has documented Jewish history in real-time for over a century. Keep our journalism strong by joining us in supporting independent, award-winning reporting.
The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
