This section contains the nature of the case and procedural background.

Bindrim (P) is a licensed clinical psychologist. Plaintiff used the so-called 'Nude Marathon' in group therapy as a means of helping people to shed their psychological inhibitions with the removal of their clothes. Gwen Davis Mitchell (D), a successful novelist, enrolled in a nude therapy group for therapeutic reasons only. D signed a contract not to take pictures, write articles or in any manner disclose, who has attended the workshop or what transpired. D guaranteed Dr. Bindrim (P), the group director and a licensed psychologist, that she would not publish her experiences in the group. D then signed a contracted with Doubleday Publishing Co. (D1) to write a book based on the nude therapy group. The book was titled Touching, and it became a best seller. The main character in D’s novel was Dr. Simon Herford, who conducted nude therapy in the same manner as P. The novel was not kind to the practice. P sued under libel, and the jury verdict went to P for substantial damages. The court issued a remittitur. All parties appealed. Ds allege that they were entitled to judgment on the ground that there was no showing of 'actual malice' by Ds.

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