The National Enquirer (D), in a weekly publication, caused to appear in a gossip column an article describing Carol Burnett (P) has having an argument in a Washington restaurant, offering everyone a bite of her dessert, and then knocking over a glass of wine and laughing instead of apologizing. Carol Burnett was a well-known actress, comedienne, and show business personality. Burnett's attorney sent a telegram and a letter demanding correction or retraction or a suit would be brought. D then published in the gossip column a retraction that stating that the column was erroneously reported, that the events did not occur, and that they were sorry for any embarrassment. P was dissatisfied and brought an action of libel. A jury found for P. D appealed.

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