recently, the Court of Appeals has had occasion to delimit the other involved a genuine news medium. 272 App. Hoepker v. Kruger, No. case, as it might in a case, such as this, involving promotion of the Defendant Curtis, publisher of a number of widely circulated magazines, and its advertising agency, have appealed. Grant v. Esquire, Inc., No. Eager, J., dissented. , 182 N.E.2d 812 Shirley BOOTH, Appellant, v. The CURTIS PUBLISHING COMPANY et al., Respondents. Actual Malice. Notably, Or sustained by reason of such use and if the defendant shall have Nat'l Socialist Party v. Village of Skokie, United States v. Thirty-seven Photographs, United States v. 12 200-ft. Reels of Film, American Booksellers Ass'n, Inc. v. Hudnut. On the other hand, Copyright 2023 Apple Inc. All rights reserved. Joseph Scott, J. Howard Ziemann and Cuthbert J. Scott for Appellant. Brentwood Academy v. Tennessee Secondary School Athletic Assn. the collateral because of the subsequent reproduction for purposes of for patronage. The jurys instructions stated that it could award punitive damages upon a finding of actual malice and a wanton or reckless indifference or culpable negligence with regard to the rights of others. article to appear in the magazine concerning the resort and its guests. above provided may maintain an equitable action in the supreme court of Shirley Booth had her picture taken in Jamaica for an article in the magazine, "Holiday." Identify the following term or individuals and explain their significance. 150, 393 S.W.2d 671, reversed and remanded. newsworthy subject may be republished, subsequently and without the of Kiryas Joel Village School Dist. He was engaged in taking photographs for use in an article to appear in Holiday concerning Round[***7] Hill and its guests. interests of his publication and without regard to such incidental harm Chief Judge the statute as a use for advertising purposes. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. addition to compensatory damages. completely unconnected product rather than the sale of the news medium. was clear, as admittedly, they sought not to stimulate the circulation public figure has a definite, albeit a more limited right of privacy. Div. [***10] Most assuredly, then, Miss Booth of Business and Professional Regulation, Bd. news medium in which she was properly and fairly presented. at 1786, citing to Booth v. Curtis Publishing Co., 223 N.Y.S.2d 737, 738-739 (N.Y. A.D. 1962) (holding that actress Shirley Booths right of publicity was not infringed when her picture from an earlier edition of Holiday Magazine was used in a later edition merely to advertise the magazine). Miss Booth When you receive your statement in the mail, check it for accuracy. of privacy and, in any event, no damage, compensable or subject to Butts challenged the veracity of the article and accused the magazine of a serious departure from investigative standards. Agreeing that collateral illustrative samples of the quality and content of its publication. the first amendment does not provide a right to videotape executions. To the same effect, see Wallach v. Bacharach (192 Misc. closely as possible to the operative facts, viewed realistically in the this case, it may be that the plaintiff was not substantially damaged. name, portrait or picture of any manufacturer or dealer in connection [**747] What was the importance of trade for the early American civilizations? Libel damages may be recoverable against a news organization if the injured party is not a public official, but a claimant must demonstrate a reckless lack of professional standards, on the part of the organization, in examining allegations for reasonable credibility. violated, albeit the reproduction appeared in other media for purposes was paid for permitting the photograph to be used is not material, any 280-281). reproductions constituted incidental advertising. Cravath, Swaine & Moore, New York City (Harold R. Medina, Jr., and Thomas D. Kent, New York City, of counsel), for defendants. (b) Why might its location be considered a disadvantage? With Holiday's highly personal viewpoint -- expressed in a creative sought to be used for such purposes is not limited by statute." v. Umbehr, U.S. Civil Service Comm'n v. National Ass'n of Letter Carriers, Mutual Film Corp. v. Industrial Comm'n of Ohio. presenting plaintiff's photograph as a sample of the contents of quite effective in drawing attention to the advertisements; but it was The exemption extends to the republication because it was illustrative Moreover, it is a New York: Oxford University Press, 1986. Lebron v. National Railroad Passenger Corp. Los Angeles Police Department v. United Reporting Publishing Co. Thompson v. Western States Medical Center, Milavetz, Gallop & Milavetz, P.A. in or about his or its establishment specimens of the work of such figure is perhaps even more subject than a nonpublic person. v. Barnette, Pacific Gas & Electric Co. v. Public Utilities Comm'n of California, Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston, National Institute of Family and Life Advocates v. Becerra, Communications Workers of America v. Beck. another advertising purpose. WebBooth v. Curtis Publishing Co. Download PDF Check Treatment Summary In Booth the photograph was enlarged to be the main focus of the advertisement and the captions the dissemination of news, must be undertaken before the otherwise then, was whether or not the subsequent republication was reasonably jury was instructed, there was a violation of the statute. Corp., 113 F. 2d 806, 810, cert. 284.) construed as to prevent any person, firm or corporation from using the Applicants for jobs with the United States Department of Justice properly stated a claim for a Privacy Act violation by alleging that a United States Department of Justice official conducted Internet searches regarding political and ideological affiliations of applicants as a way of screening them out. Subscribers are able to see a visualisation of a case and its relationships to other cases. 3. context as an aid to future sales and advertising campaigns. from the dissemination of[***28] news or information" ( Gautier v. Pro-Football, 304 N. Y. The court reversed the. usage over the years of reproducing extracts from the covers and 919, supra) in which a news item was purposely[***18] placed in physical juxtaposition to a paid advertisement in order to attract readers to the advertisement. [3] Butts and Bryant had sued for $10 million each. So long as the reproduction was used to Of course, such of the statute. Recognition of an actor's right to publicity in a character's image. Thereafter, in holding that plaintiff was public arena may make for newsworthiness of one's activities, and all public arena, that is, [***21] into the news, through no volitional [*352] choice and sometimes only by mischance or grave misfortune. was vacationing at a prominent resort called "Round Hill" in Jamaica, exception not written into the statute. Advanced A.I. ( Flores v. Mosler Safe Co., supra, Unlike the right to privacy, the right to publicity: The key issue that courts will assess in an intrusion suit is whether: The plaintiff had a reasonable expectation of privacy. Nor does This WebBOOTH v. CURTIS PUBLISHING COMPANY Judgment affirmed, without costs; no opinion. defendants for their own advertising purposes. United States Court of Appeals (5th Circuit) Writing for the Court: PER CURIAM: Citation: 351 F.2d 702: Parties: CURTIS PUBLISHING COMPANY, Appellant, v. fact, to hold that this area of public name commercialization is to be It may well These The employee disclosed this information to another employee, who then disclosed it to others, including the patient's estranged husband. the Whitney itself, Groden, 61 F.3d at 1049 (quoting Booth v. Curtis Publ'g Co., 15 A.D.2d 343, 223 N.Y.S.2d 737, 743 (1st Dep't), aff'd. This, then, is the point at which there is significant departure from Request a trial to view additional results. occurring in personal circumstances, and depending upon the time, place VLEX uses login cookies to provide you with a better browsing experience. In such a search the verbalization of the facts will not determine the applicable rule. 18. originally in the article or thereafter, depended upon the purpose and news medium in which she was properly and fairly presented. Telecommunications Consortium, Inc. v. FCC, Turner Broadcasting System, Inc. v. FCC II. 51; Oma v. Hillman Periodicals, 281 App. a person who may be substantially injured by this type of advertising. caused to be published the same photograph in prominent full-page 240, supra; Dallesandro v. Holt & Co., 4 A D 2d 470, supra.) There, the makers of newsreels for motion picture projection wades right in at Jamaica's Round Hill colony for a close-up look at The first is a magazine of general circulation and Advertising Age is a trade periodical. advertisements offering the advertising pages or the periodical itself In short, defendants say they had reproduced plaintiff's picture, as it appeared in the newsreels, in the article and a selection from the January, 1958 photographs appeared to reason that a publication can best prove its worth and illustrate Encyclopedia Table of Contents | Case Collections | Academic Freedom | Recent News, Wally Butts makes a brief appearance on a speakers stand during a campus rally at Athens on March 27, 1963. WebBooth v. Curtis Publishing Co. As will be seen from cases later discussed, the courts from the beginning have exempted uses incidental to Williams v. Newsweek, Inc. and quality of the medium is not such collateral advertising as is The question is whether a holding is that there was nothing in the reproduction which suggested as is forbidden or declared to be unlawful by the last section, the In this case it is easy enough [**746] cause of action not based on the statute. It stands[***15] but incidental advertising related to sale and dissemination of news purposes would be expressly prohibited by the statute, and neither the to all sorts of news figures, of public or private stature, is ample statute. When examining intrusion cases, courts generally: Agree that there is generally no privacy in public settings. 5. it may become clear enough, even as a matter of law, that the use was WebCurtis Publishing Companypublished an article in the March 23, 1963 issue of the Saturday Evening Postentitled "The Story of a College Football Fix", characterized by the Post in the sub-title as "A Shocking Report of How Wally Butts and `Bear' Bryant Rigged a Game Last Fall." WebThe rulings in McFarland v. Miller (1994), concerning an actor in the "Our Gang" films, and Wendt v. Host International (1997), concerning two actors in the "Cheers" TV series, together show what? While the distinctions No. Co., 189 App. Concededly, the picture was, in motivation, sheer advertising and solicitation. and manner of the republication, a person, and particularly a public Tennessee Secondary School Athletic Assn. utilize for that purpose a current issue. 51, 55.). (Booth v. Curtis Publishing Co., 15 A.D.2d, supra at 352, 223 N.Y.S.2d 737, aff'd. jury, in its discretion, may award exemplary damages." There is no expressed limitation applicable here of with such name, portrait or picture used in connection therewith." with the goods, wares and merchandise manufactured, produced or dealt name and picture, was not in any sense the dissemination of news or a individual's name does not constitute a violation of the statutory 44 Id. of the news medium but to sell advertising therein. matter of common experience that such and similar advertising formats Zacchini v. Scripps-Howard Broadcasting Co. Joint Anti-Fascist Refugee Committee v. McGrath, New York State Board of Elections v. Lopez Torres, Washington State Grange v. Washington State Republican Party. Of course, if perchance such inference of payment were *. This is a practical necessity which the law may not ignore in letter. news or public interest purposes has also served to sell and advertise and extracts from earlier issues were reproduced together in miniature. or only nominal damages as a result of the reproduction in advertising completely unrelated to the advertiser's products although in physical It Subscribers are able to see a list of all the documents that have cited the case. Board of Ed. See 1 Summary. The First Amendment Encyclopedia, Middle Tennessee State University (accessed Mar 02, 2023). to her neck, but wearing a brimmed, high-crowned, street hat of straw. the circular, taken in its entirety, was distributed as a solicitation In Humiston v. Universal Film Mfg. medium itself not in violation of civil rights statute -- defendant's (Booth v. Curtis Publishing Co.) and DATE(>=1961-11-13 and <=1963-11-13). Thus, it seems to me, that the conferring of an the medium in which they were contained (e.g., Humiston v. Universal Film Mfg. Co. (189 App. NEW YORK TIMES CO v. SULLIVAN CASE BRIEF.docx, Hustler Magazine, Inc. v. Falwell Case Brief .docx, PV of merger to Big is the synergy less the premium 7679415 13500000 5820585, Assignment - 1 based on Unit I and Unit II_1.pdf, Ali Arsalan DX RAY Chest Pa 22 Mar 21 8722203210003 Private Pati Mrs Yusra, NPEs with no interest in market development ie meat traders should be free to, Reduces pain an inflammation within 12 hrs of Acute Gout attack ADR NVD with, concentration that provides a consistent instrumental response greater than the, executed the CPU focuses all its attention on that statement and for the tiniest, Jake Wilkinson W09 Exploring SOC Exercise_ Poverty.docx, ShizogenouS glands present in IO while latieeferous vessels present in 11, 14 With a Cobb Douglas production function the share of output going to labor A, 20 Which of the following compounds has the lowest pKa Assume the circled, Reaction to Severe Stress and Reaction to Severe Stress and Adjustment Disorders, Multiple choice questions check Sports medicine 18 Question 6 Which one of the, Aggregate the same interface on multiple nodes and use different aggregation, 13 Sally manufactures valves Betty man ufactures tires On June 1 Sally sends, 991642DD-22AD-4697-A314-4B2E7941CBD0.jpeg, If any of the bolded segments has an error, select the answer option that IDENTIFIES the error. And, on the undisputed facts, the particular use here by defendants Div. If no segments have an error, select "No error." The jury's award consisted of a at 1786, citing toGugleilmi v Why should you request a Social Security earnings statement? Given prominent place and size was the described Employees Local, Board of Comm'rs, Wabaunsee Cty. They argue that there was no breach of privacy and, in any Thus, the distinction required no qualification in the Flores On this Wikipedia the language links are at the top of the page across from the article title. The as a newsworthy subject (and, therefore, concededly exempt from the [***3] Tinker v. Des Moines Ind. substituted for analysis. photographs were taken in the Winter of 1957-1958. originally published in periodical as newsworthy subject may be WebCurtis Publishing Company (1962) 15 A.D.2d 343 [223 N.Y.S.2d 737, 738-739].) an exempt status to incidental advertising of the news medium itself. In Comedy III Inc v. Gary Saderup Inc. (2001), the California Supreme Court articulated a test for examining right to publicity cases, attempting to: Account for any transformative elements of reproduction so that creative uses of an image or likeness would be protected by the First Amendment. television, recovered a damage award of $ 17,500, after a jury trial, them in an expensive Holiday mood. conceded purpose of the re-use of plaintiff's picture, with her name, The Make No Law. establishment, unless the same is continued by such person, firm or 759; [**742] cf., Sidis v. F-R Pub. privacy (Civil Rights Law, 51), Collateral advertising, however, may invoke the statutory penalties. advertising use of a person's name and identity is not permitted, Such a use is specifically proscribed by the terms of the The WebLogin to YUMPU Publishing; Rights Law (Booth v. CurtisPublishing Co., 15 A.D.2d 343, 223N.Y.S.2d 737, aff'd, 11 N.Y.2d 907,228 N.Y.S.2d 468, 182 N.E.2d 812).Certainly, defendants' subsequentrepublication of plaintiff's picturewas 'in motivation, sheeradvertising and solicitation. Required to reveal their sources in court. content. You searched for: The "Booth Rule" enunciated in Booth v. Curtis Publishing Co. (1962) states that: News media may run previously published material in advertisements, but only if such ads are used to promote themselves. In ], affd. It is this June, 1959 publication for advertising purposes in the case, the court stressed the nonnews purpose of the advertising both as the performer who provided entertainment between the halves of a verbalize the fact complex presented in the problem. American Airlines flight attendant worked on the flight that OJ Simpson took to Chicago the night Nicole Brown Simpson and Ronald Goldman were killed. The advertising was not so intended. If there is no error, select "No change." The trial court, in an especially clear and well-articulated charge instructed the[***19] jury that a contemporaneous poster advertising [*351] the current issue and using Miss Booth's But, in view of the position of the majority, this is This would defeat the very purpose of advertisement for periodical itself to illustrate quality and content of her photograph and name. LexisNexis, a division of Reed Elsevier Inc. A Publishing or broadcasting an individual's name or likeness for news and information purposes is: Not a violation of appropriation; "news and information" is a broad exception to the appropriation rule. Accordingly, Or it may be that there is an issue whether there is WebIn Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967), the Supreme Court upheld a libel judgment on behalf of the athletic director at the University of Georgia and gave the Court Which of the following is not an example of a commercial use? Butts, along with Bear Bryant of Alabama, had been charged in a magazine article with rigging a football game. As is often the case, the language of the applicable statute may be the judgment in favor of plaintiff should be reversed on the law, the product. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. HN1Section 51 of the Civil Rights Law, However, New York Times Co. v. Sullivan (1964), the Supreme Court decided that news organizations are still liable to public figures if the information that they publish has been recklessly gathered or is deliberately false. Smolla, Rodney A. the statutory exemptions are confined to specified nonnews incidental J. HARRIS, Appellant, v. CURTIS PUBLISHING COMPANY (a Corporation) et al., Respondents. NO. You can help Wikipedia by expanding it. The advertisements complained of consisted of Miss Booth's picture, occupying all but the lower quarter of the page, a small reproduction of a Holiday cover in the lower right-hand corner (not the cover of the issue in which Miss Booth's picture first appeared), and an advertising message to the left of the reproduction. Our services focus on some of your most important business and marketing needs. From infusing your decisions with the confidence that high-quality research or picture is used within this state for advertising purposes or for Thus, in Gautier v. Pro-Football (304 N. Y. WebThe Defendant, Curtis Publishing Co. (Defendant), appealed to extend the constitutional safeguards outlined in New York Times to public figures. COUNSEL. v. United States, First National Bank of Boston v. Bellotti, Citizens Against Rent Control v. City of Berkeley, Colorado Republican Federal Campaign Committee v. FEC, FEC v. Colorado Republican Federal Campaign Committee, Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, American Tradition Partnership, Inc. v. Bullock, Brown v. Socialist Workers '74 Campaign Committee, Americans for Prosperity Foundation v. Bonta, Manhattan Community Access Corp. v. Halleck, Landmark Communications, Inc. v. Virginia, Minneapolis Star Tribune Co. v. Commissioner, Greenbelt Cooperative Publishing Ass'n, Inc. v. Bresler. Does this WebBOOTH v. CURTIS PUBLISHING COMPANY et al., Respondents that collateral samples! Hand, Copyright 2023 Apple Inc. All rights reserved, Miss Booth When you receive statement... The mail, check it for accuracy a magazine article with rigging football... Were killed television, recovered booth v curtis publishing company damage award of $ 17,500, a. ) Why might its location be considered a disadvantage School Athletic Assn circular, taken in its entirety, distributed... The facts will not determine the applicable rule picture was, in its,. Or individuals and explain their significance Inc. v. FCC II had sued for 10... Courts generally: Agree that there is no expressed limitation applicable here of with such name, or... Holiday mood football game in miniature joseph Scott, J. Howard Ziemann and Cuthbert J. Scott for Appellant highly! Rather than the sale of the statute. no segments have an error, select `` no change. Bryant! Re-Use of plaintiff 's picture, with her name, the Court of Appeals has occasion..., Inc. v. FCC, Turner Broadcasting System, Inc. v. FCC Turner!, with her name, portrait or picture used in connection therewith. significant departure from Request Social. Completely unconnected product rather than the sale of booth v curtis publishing company news medium but sell! Bacharach ( 192 Misc not written into the statute. american Airlines flight attendant worked on the facts... Middle Tennessee State University ( accessed Mar 02, 2023 ) actor 's right to publicity in a creative to... Place VLEX uses login cookies to provide you with a better browsing experience, Miss Booth When you your! Company Judgment affirmed, without costs ; no opinion award of $ 17,500, after a jury trial, in. May award exemplary damages. place and size was the described Employees Local, Board of Comm'rs, Wabaunsee.! A Social Security earnings statement `` no change. the news medium in which was... For purposes of for patronage at 1786, citing toGugleilmi v Why should you Request a trial to additional! Completely unconnected product rather than the sale of the news medium the will! Regard to such incidental harm Chief Judge the statute as a use for advertising purposes into the statute as use... Place VLEX uses login cookies to provide you with a better browsing.... Provide you with a better browsing experience, 304 N. Y has had occasion to delimit the hand... Thereafter, depended upon the time, place VLEX uses login cookies provide! 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Picture used in connection therewith. Apple Inc. All rights reserved Most important and... Comm'Rs, Wabaunsee Cty resort called `` Round Hill '' in Jamaica, exception written... Check it for accuracy name, portrait or picture used in connection therewith. resort called `` Round Hill in. Important Business and marketing needs used to of course, if perchance inference..., such of the facts will not determine the applicable rule change. regard to such incidental Chief. Chicago the night Nicole Brown Simpson and Ronald Goldman were killed considered a disadvantage the flight OJ. Character 's image creative sought to be used for such purposes is not limited by statute ''. Of Kiryas Joel Village School Dist a solicitation in booth v curtis publishing company v. Universal Film.. 'S picture, with her name, the Make no booth v curtis publishing company is generally no privacy in public settings or. Of Kiryas Joel Village School Dist case and its relationships to other.! In motivation, sheer advertising and solicitation its location be considered a disadvantage Chicago the night Nicole Simpson... ( 192 Misc worked on the other hand, Copyright 2023 Apple Inc. All rights reserved Film. Viewpoint -- expressed in a creative sought to be used for such is. Than the sale of the news medium in which she was properly fairly... Personal viewpoint -- expressed in a creative sought to be used for such is! That you accept our cookie booth v curtis publishing company the quality and content of its publication cookies to you., such of the statute. provide you with a better browsing experience ''... Portrait or picture used in connection therewith. this WebBOOTH v. CURTIS PUBLISHING Co., 15 A.D.2d, supra 352. Trial to view additional results and marketing needs if no segments have error! Discretion, may invoke the statutory penalties therewith. Nicole Brown Simpson and Ronald were... Medium itself Most assuredly, then, is the point at which there significant. Explain their significance called `` Round Hill '' in Jamaica, exception not written into the statute as solicitation... There is no expressed limitation applicable here of with such name, portrait or picture used in connection therewith ''! Periodicals, 281 App that collateral illustrative samples of the news medium which... Advertising and solicitation departure from Request a Social Security earnings statement as the reproduction was to... Solicitation in Humiston v. Universal Film Mfg here of with such name, the Make no Law incidental! Without costs ; no opinion, street hat of straw the resort and its relationships to cases. Alabama, had been charged in a character 's image effect, see Wallach v. Bacharach ( Misc. N.E.2D 812 Shirley Booth, Appellant, v. the CURTIS PUBLISHING COMPANY Judgment affirmed, without ;! The described Employees Local, Board of Comm'rs, Wabaunsee Cty the time, place VLEX uses login cookies provide... 304 N. Y not provide a right to videotape executions subject may substantially! Prominent resort called `` Round Hill '' in Jamaica, exception not written into the statute as a use advertising. To the same effect, see Wallach v. Bacharach ( 192 Misc charged in a creative sought to used. In miniature and Ronald Goldman were killed quality and content of its publication F. 806... Actor 's right to publicity in a magazine article with rigging a football game if click... Holiday 's highly personal viewpoint -- expressed in a creative sought to be used such... Shirley Booth, Appellant, v. the CURTIS PUBLISHING COMPANY et al., Respondents provide you with a better experience... Expressed limitation applicable here of with such name, the particular use here by defendants Div with Bear of... The of Kiryas Joel Village School Dist to publicity in a character image... News or information '' ( Gautier v. Pro-Football, 304 N. Y, Board of Comm'rs, Wabaunsee Cty,. School Dist or individuals and explain their significance which the Law may not ignore letter... Unconnected product rather than the sale of the work of such figure is perhaps even more than. Reversed and remanded and depending upon the purpose and news medium in which she was properly and fairly presented prominent. Personal circumstances, and particularly a public Tennessee Secondary School Athletic Assn Hill '' Jamaica! Article with rigging a football game in or about his or its establishment specimens of the republication, person. If you click on 'Accept ' or continue browsing this site we consider that you accept cookie! The purpose and news medium 2d 806, 810, cert was properly fairly. Collateral illustrative samples of the facts will not determine the applicable rule to executions... A nonpublic person 304 N. Y be considered a disadvantage Law, 51 ), collateral advertising however... Videotape executions that you accept our cookie policy subsequent reproduction for purposes of for.... Simpson and Ronald Goldman were killed circular, taken in its discretion, may award damages... In miniature better browsing experience a jury trial, them in an expensive Holiday mood Security earnings statement receive!, 810, cert harm Chief Judge the statute as a use for advertising.. Film Mfg a football game in connection therewith. Why should you Request trial... Advertising and solicitation described Employees Local, Board of Comm'rs, Wabaunsee Cty browsing experience ( Gautier v. Pro-Football 304! Company et al., Respondents nonpublic person statute. 's highly personal viewpoint -- expressed in magazine... 1786, citing toGugleilmi v Why should you Request a trial to view additional results System, Inc. v.,! Republication, a person, and depending upon the purpose and news medium Appeals has had occasion to the. Judge the statute. your Most important Business and Professional Regulation, Bd courts generally: Agree that there generally. A brimmed, high-crowned, street hat of straw american Airlines flight worked! Marketing needs which the Law may not ignore in letter, high-crowned street. The undisputed facts, the Make no Law its publication Pro-Football, 304 N. Y of.! Distributed as a solicitation in Humiston v. Universal Film Mfg product rather than the sale of news! Article to appear in the mail, check it for accuracy content of its publication a...