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See Supreme Court Decision at: Additional Appeals Court comments from and are copied below: August 1, ; F. Defendant [Robert Welch, Inc. The author of the article [Stang] is not a party and did not testify. We assume, without deciding, that, as the district court held, the article was libelous per se as a matter of Illinois law and that its author was either deliberately or recklessly mendacious.
Stang accepted, came to Chicago to make an investigation, consulted with Stanley over the long distance telephone a few times, and submitted his completed draft on February 18, , in time for inclusion in the April edition which was scheduled for distribution in early March. Stanley made no effort to verify the accuracy of anything said in Stang's article.
Before the article was conceived, Stanley, whose office is in Boston, had never heard of the plaintiff. Defendant sought to prove that it was justified, on the basis of past experience, in assuming, without checking before publishing it, that Stang's article was accurate. Defendant also offered to prove that it did in good faith seek to verify the statements about plaintiff after the suit was filed, but the court sustained plaintiff's objection to the relevance of this testimony. From June 16, , 7 th Circuit Court of Appeals:. The article alleged that Nuccio was being "railroaded" as part of a Communist conspiracy to undermine local police so as to pave the way for a national police force which would support and enforce a Communist dictatorship.
The article named Gertz as one of the members of this conspiracy. He was identified as the lawyer for the Nelson family and one of the leaders of the " attack on Nuccio. The assertion that Gertz was a Communist or part of a Communist conspiracy was false. Many of the other statements concerning his membership in particular organizations also were false.
It is from this judgment that Welch appeals. Stang's conduct is attributable to Welch because of the agency relationship between them. Stang was solicited to write this specific article, was given the story line and background material, was reimbursed for his expenses, and kept in contact with Stanley during the preparation of the article.
These facts, particularly the significant control exercised by Stanley over the content and focus of the article, are sufficient to establish an agency relationship. See City of Evanston v. The implications of that relationship are that the acts of the agent are attributable to the principal.
Stang visited Chicago twice to research the article. None of the persons he interviewed told him that Gertz had been involved in the criminal prosecution of Nuccio. He did not interview any of the lawyers involved in the criminal or civil actions against Nuccio. He read the transcript of Nuccio's criminal trial and looked at the pleadings filed in the civil case, which had the names of Gertz and Ralla Klepak on them.
He also talked to an unnamed Chicago police officer who gave him notes taken from Gertz's police intelligence file. Stang admitted at trial, however, that he had no knowledge of the source of the information in the files or whether the information was accurate. Stang also testified that he consulted government documents about the organizations listed in Gertz's police intelligence file. This was not an exhaustive search of government records, but rather a selective use of particular reports of certain congressional committees published twenty to thirty years earlier.
The only facts verified in these reports were Gertz's membership in the National Lawyers' Guild to , and that the Guild had been identified as a Communist-front organization. Stang made no effort to find out if Gertz was still a member of the Guild, nor did he attempt to contact or interview Gertz.
Another example of how the Birch Society circulated false and inflammatory information can be found in an article appearing in the May JBS magazine, American Opinion , by one of its most prolific writers, Gary Allen.
Its senior officer, Harold E. The following excerpt from the L. Times article pertains to comments made by Gary Allen: But Captain Harold E. Three or four groups wanted to take credit. But when someone seriously became interested in talking to them about it, they backed down. The article specifically mentions reports that during the rioting, men wearing red armbands and speaking through bullhorns gave directions to the mobs. Yarnell said thorough investigation has failed to substantiate such reports.
The article also claims the rioters used stolen loot to build up an arsenal of weapons to be employed in the forthcoming major Communist revolution. The testimony of law enforcement agencies and their respective intelligence officers supports this conclusion. The Attorney General, the District Attorney, and the Los Angeles police have all reached the conclusion that there is no evidence of a pre-plan or a pre-established central direction of the rioting activities.
This finding was submitted to the Grand Jury by the District Attorney. You should also canvas informants in the security field to determine whether or not any subversives are involved and what the attitude is of subversive groups relative to these riots. Los Angeles Reply to Hoover.
Two Negro CP members present at this meeting were specifically instructed by [name deleted] to stay out of the riot area. This informant has personally been in the riot areas and mingled with the rioters and has furnished information about the intentions of some of the rioters which has been promptly passed on to the Los Angeles Police Department and interested military agencies.
This informant has stated that there has been no domination, direction, or involvement by the CP in the rioting. These sources had no additional information which would indicate that subversives were involved in the recent Los Angeles riots. A canvass of logical criminal and security informants and racial sources has been completed and no additional information has been obtained. No one could offer an acceptable reason, but the consensus was that the CP was not attractive to the Negro and did not present a program which could help the civil rights struggle as much as the present day Negro organizations and churches.
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Of these, 22 are informants of the Los Angeles office. Malone, page 4; copy of report in personnel file of Assistant Director, Alan H. Randolph is but one of about people and organizations discussed in a 4-volume book series which the Birch Society published under the title Biographical Dictionary of the Left. The concluding sentence of the JBS summary about Randolph epitomizes the manner in which the JBS slimes the reputation and character of people through malicious and sinister innuendo: The organization was set up to counteract the anti-communist labor group in Harlem organized by A.
Philip Randolph and Frank R. Crosswaith which was known as the Negro Labor Committee.
This article stated that Negro mis-leaders such as Willard Townsend, A. Philip Randolph with the March on Washington Movement. The group planned on a March on Washington in order to present grievances of the Negro to Government officials and for the abolishment of discrimination. In June , Randolph called off a March on Washington at the request of Government officials but the organization set up was retained. Philip Randolph, an officer of this organization. Randolph was one of the founders of the NNC and became its first President. He resigned in as President because of the communist influence that had become apparent in the NNC.
Philip Randolph in the struggle for Negro rights…Randolph was bitterly anti-communist and the communists attack him repeatedly for his red-baiting. At this meeting he told the group that the communists had infiltrated the organization and that they should dissolve it. They followed his advice and dissolved the organization. He was considered very anti-communist and was attacked by the CP for his stand on communism.
From to he traveled to various sections of the U. Randolph was attacked by the CP as an enemy because of his popularity with the Negroes and because he refused to work with the CP. Excerpts from the NYC summary are quoted below: Philip Randolph accused American Communists of having used the fight against racial discrimination as a device to advance the cause of Russia. In doing so, the CP was providing A. Philip Randolph with the opportunity of planting seeds of Fascism in the youth groups. Jackson described Randolph as a dangerous capitalist agent and the most outspoken anti-Party personality in the Negro movement.
Claude Lightfoot on November 21, , cautioned against CP support of the Negro organization then being organized by Randolph. He stated that Randolph had a history of being anti-Communist, however, he was not above wanting to use the CP. George Meyers stated at this meeting that Randolph had been a militant fighter all his professional life and had been red baiting most of the time.
He stated that Randolph felt it was his duty to oppose Communism. Patterson pointed out that the CP had four of its members on the Executive Board of the New York chapter NALC and another four members serving on various committees…Patterson stated he believed the Party would have to move slowly as it can only be effective if it did not attract the attention of Randolph and this other individual.
The release stated in part: After warning about radicals that had no genuine interest in advancing civil rights, Hoover observed in a December speech, that: This generation and generations to come for many years owe a tremendous debt to our Negro citizens who have consistently refused to surrender their freedoms for the tyranny of communism. Edgar Hoover testimony before U.
Martin Luther King Jr. See expanded version of this topic at: What the Birch Society is very careful to suppress is the story behind who took the picture and the background of the persons responsible for describing HFS as a " Communist training school". The famous photograph of Dr.
King at Highlander was taken by Edwin H. Gov Ernest Vandiver, and Roy V. In a May speech, Governor Griffin made the following observations: These groups of organized minorities are chanting a chorus that opposition to the fraudulent order of the Supreme Court is defiance of law. Of course, that is not true. It is an attempt to make law where none existed before by a non law-making body. Wherever you find a country that is populated by a black race, a colored race, or a mongrel race, the Christian religion has not been able to survive…I say without fear of contradiction, that the white race is the only race of people in history who have been able to perpetuate the Christian religion.
When mongrelization of the races occursand God grant that it will never occurit will bring with it the destruction of the Christian religion. Also, our General Assembly will never appropriate one dime for mixed schools. His campaign platform included this statement: When the GCE published its pamphlet on Highlander, it described the HFS seminar as being "held to discuss methods and tactics for precipitating racial strife and disturbances. The excerpt appearing below, reveals his underlying motivation and the basis for describing HFS as "Communist ".
Friend, was that a subversive meeting there at that time? Explain that to the committee. I have been taught by southern tradition to keep the races separate. I was taught to go to Sunday school and Church. I was taught to respect the other fellow's habitat, and that is what I have always tried to do. Up here it seems like all of those things weren't even considered.
It is the primary motive of this group to tear down the forces that were trying to keep the races separate in the South. Friend was asked another question which produced a revealing answer: Do you believe that anyone that espouses the things that you have just said to promote integration for that kind of motive, could possibly be a good Tennessean, a good Southerner, or a good American? I can guarantee you he is not what I would call a good American, Sir. Friend also testified about one of his photos which revealed another matter at Highlander that greatly disturbed him: Aside from the candid description of his bias cited above, Mr.
Friend is also on record in a deposition submitted in November for Tennessee court proceedings. The notation on the Bureau file copy states: While it permits Communists to attend, there has been no indication that it teaches courses along the Communist line or has ever employed any Communists on its staff. It is primarily designed to teach economics and related subjects.
An extensive investigation was conducted in and as a result of the allegations. These allegations have never been substantiated and much of the information of a subversive derogatory nature concerning this School was later repudiated by the individuals who previously furnished the information This organization has continuously been involved in the integration movement and as a result charges are being continuously made that it is 'communist'.
These charges are based mainly on the opinion of the individuals making the charges that being pro-integration is being pro-communist. Senate Commerce Committee against a proposed public accommodations bill. Governor Barnett raised the issue of Dr. King's attendance at HFS.
An FBI memo on the controversy concludes: Some of these folks became JBS members, endorsers, speakers, or authors and they lent an aura of authority and special "inside knowledge" to JBS assertions. Kirk, Matt Cvetic, and Karl Prussion. Callahan from name excised ]. Informants supply raw information. Nevertheless, many "FBI informants" subsequently became paid speakers and earned a lucrative living from claiming special expertise that they did not actually possess or expertise which was limited in time, place, and scope. The FBI's list of such persons and organizations included the following who were associated with, endorsers of, or who were recommended by, the JBS: Congressman Andrews then asked: But organizations such as the JBS rarely bothered to determine what, exactly, such persons did or did not know i.
A detailed page report about Smoot may be seen here: In early , the Bureau sent Dr. When the Overstreets furnished advance excerpts of the book to the Bureau in the summer of , the Bureau's Domestic Intelligence Division reviewed the highly critical excerpts and concluded: The material has been reviewed and checked previously by the Domestic Intelligence Division. From our point of view there does not appear to be anything objectionable. DeLoach handwrote the following observation on the review memo about the Overstreet's chapter on Dan Smoot: It's about time someone called his hand.
According to Bureau memos, shortly before his retirement Smoot was the subject of disciplinary action. One memo has the following summary: His attitude before and after resignation was extremely antagonistic, and he was not recommended for re-instatement. With respect to Smoot's knowledge of communism and communist activities, it isn't clear how much FBI experience Smoot actually had. Smoot's autobiography states that he was assigned to the " communist squad " in Cleveland for 3 years but speaking engagements and training "took up much of my time during the remaining months of my tenure in the Cleveland office and gave me considerable relief from Communist duty Subsequently he was transferred to the Bureau's Crime Records Section "where I served as a ghost writer of magazine articles, newspaper guest columns, prefaces, patriotic endorsements and speeches for J.
Shortly thereafter he resigned. In May , J. Some of them have sought to capitalize on their former employment with this Bureau for the purpose of establishing themselves as such authorities. I am firmly convinced there are too many self-styled experts on communism, without valid credentials and without any access whatsoever to classified, factual data, who are engaging in rumor mongering and hurling false and wholly unsubstantiated allegations against people whose views differ from their own. Such activity makes more difficult the task of the professional investigator.
In I wrote to Mr. Smoot to inquire about several matters, including the circumstances of his resignation from the FBI. His reply does not correspond to the data contained in his FBI personnel file. Smoot denied that he had ever been subject to disciplinary action at the end of his service, and he denied being placed on probation. Smoot refused to reply to my inquiry concerning whether or not he had access to and saw FBI HQ summary memos, reports, or monographs concerning the " Communist Party and the Negro ".
In October , the Bureau sent out replies to several inquiries about Skousen and stated that "there is no position in the FBI entitled Administrative Assistant to J. Some Skousen admirers described him as " third in the chain of command " within the FBI which is also false. Birch Society "experts" often could not get simple data about themselves correct. An October FBI internal memo discusses whether or not the Bureau should acknowledge receipt of an article written by Skousen about J. In recent years he has been aligned closely with the extreme right-wing such as the John Birch Society and has been characterized as an 'unprincipled racketeer in anticommunism' who is ' money-mad ' and who is doing everything and anything to exploit the subject of anticommunism.
Bureau files reveal Skousen has always been a strong supporter of the Bureau and the Director; however, he has not hesitated to trade on his former association with the Bureau in order to achieve stature as a writer and lecturer on anticommunism. In view of this, it is not felt we should acknowledge his favorable comments about Mr.
However , from the time he entered the FBI as a clerk and messenger in through his retirement in -- his assignments were primarily administrative not investigative! Skousen served as a Supervisor in the Communication Section training new employees, writing manuals for switchboard operators, etc. As late as there is a memo by J. He also spent considerable time preparing and presenting material for police training schools.
However, most of his performance evaluations discuss his NON-investigative assignments and responsibilities. He stated that he was an active member of the Communist Party from However, there are many more than members throughout the State of California — I would say four times or five times as many — who are what they call individual Communists who are using their knowledge of Communist methods and techniques, Communist strategy, who work strictly on their own, and they figure their own methods of operation within many organizations which they try to get to work for the best interests of the CP and the Soviet Union.
Thus, in total, Prussion claimed that there were between 10,, Communists and Communist sympathizers living in California in early In September , J. A February message to J. In a page Prussion publication in entitled " California Dynasty of Communism ", the foreword by George Racey Jordan declared that: The reality is starkly different.
Instead, in July , Prussion was abruptly terminated as an informant by the FBI because he publicly disclosed his status to a newspaper reporter, even though he promised, in writing, never to do so without prior Bureau approval. In another blow to his credibility, a January California Appeals Court decision discussed Prussion's testimony in a case where he appeared as an " expert witness ". Prussion attempted suicide in December , claiming that he was a target for assassination by Communists. Local psychiatrists diagnosed Prussion as mentally ill and subject to paranoia. Communications will be cut off and the stock market will go broke.
The people will call for law and order in the streets.
Martial law will be declared and we will have a dictatorship. The wave of assassinations and kidnappings will begin before that. By it will take over unless we can expose the full scope of it before then. Henry Kissinger, Secretary of State, was the only name mentioned. Significantly, the informant is identified as a fellow-Bircher who also was a paid speaker under the auspices of the JBS Speakers Bureau!
He was employed by a public relations firm in Dallas that promoted conservative politicians. In January Gumaer was convicted on charges of battery and subsequently received one year probation. In May he was convicted of filing a false tax exemption certificate and served 30 days with 2 years probation. He came to the attention of the Bureau in , when he undertook a multi-state speaking engagement on behalf of the John Birch Society, of which he was a member. During these speeches, wherein Gumaer would indicate his prior undercover activities and relationship with the Chicago Police Department, Gumaer also identified himself as an FBI informant working matters of a similar nature for the Bureau.
He is employed by American Federal Bullion and Coin Inc…Will conduct a very loose surveillance of subject…Subject should be considered armed and dangerous. Another serial describes Arizona Patriots as follows: The actual size of AP is unknown, but leaders claim to have more than individuals who are members or sympathizers, among these being current and retired members of law enforcement and the military.
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