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James Coughlin Et Ux. v. Westinghouse Broadcasting and Cable, Inc

U.S. Supreme Court
Jun 16, 1986

Petitioner has raised an important federal question that we should review. He has been accused of accepting a bribe on the basis of a cursory investigation, yet his libel suit to clear his name has been found to be constitutionally barred. The District Court observed: "An issue . . . exists as to whether [respondent], with a minimum of effort, could have discovered the truth. The Supreme Court's mandate, however, is clear: 'reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing.' " 603 F.Supp., at 388 (quoting St. Amant v. Thompson, 390 U.S. 727, 731, 88 S. Ct. 1323, 1325, 20 L. Ed. 2d 262 (1968)). I would grant certiorari and set this case for argument to determine whether the Court's "mandate" remains an appropriate one.