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266
THE LAW OF MOTION PICTURES
had been taken purporting to hold the shop out as a rendezvous for questionable characters.103
An interesting discussion as to the limits a newspaper may go in criticizing a production or its management is contained in Philipp Co. v. New York Staats-Zeitung.10i
Where a man on trial for murder sought to enjoin the production of a play upon the ground that it prevented the conducting of an impartial trial and interfered with
the administration of justice, equitable relief, holding that law for libel.105
103 Merle v. Sociological Research Film Corp. (1915), 166 A. D. (N. Y.) 376; 152 N. Y. Supp. 829.
104 Philipp Co. v. New York Staats-Zeitung (1914), 165 A. D. (N. Y.) 377; 150 N. Y. Supp. 1044. “The press is accorded, for the public interests, a qualified privilege to discuss and criticize the management of and productions at a theatre to which the public are invited, and this privilege in the absence of actual malice extends even to ridicule and is without limitation; but since it is accorded for the benefit of the public only and the guidance of public opinion and taste, when the discussion
the court refused to grant his remedy, if any, was at
or criticism exceeds the bounds of fair and honest criticism, and becomes an intemperate, aspersive attack upon the motive of the management of the theatre, or the character of the production thereat, an evil and malicious motive for the publication may be inferred; and if found to exist, the publication is not protected by the qualified privilege, but may, of course, be justified by absence of malice or by pleading and proving that it was true (cases cited).”
105 Dailey v. Super. Court (1896), 112 Cal. 94; 44 Pac. 458. See also: Brandreth v. Lance (1839), 8 Paige (N. Y.), 26.