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

P was a Massachusetts lawyer. D a New York corporation, published a periodical of general circulation, read by lawyers, judges and the general public. One issue of the periodical contained an article entitled 'I Object To My Union in Politics,' in which the following passage appeared: 'And another thing. In my state the Political Action Committee has hired as its legislative agent one, Sidney S. Grant, who but recently was a legislative representative for the Massachusetts Communist Party.' P alleged innuendo that this passage charged P with having represented the Communist Party in Massachusetts as its legislative agent, which was untrue and malicious. P sued D for libel. P's action was dismissed for insufficiency in law. The court ruled that the statement did not expose P to hatred, contempt, scorn, obloquy, or shame with right thinking people. P appealed.

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