The legal issues presented in this case will be displayed here.

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

Herbert (P) was a retired and distinguished army officer who brought allegations that his superior officers covered up reports of atrocities and wartime crimes during Vietnam. Lando (D) broadcast a report on P on CBS narrated by Mike Wallace. D later published an article in the Atlantic Monthly. P sued D for defamation in that the report called him a liar and that he falsely accused his superiors to explain his relief from command. P conceded that he was a public figure. Malice was the burden of proof. D was deposed and refused to answer certain state of mind questions. The district court ordered D to answer and rejected a claim of constitutional privilege. D appealed.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.