New-York tribune., 1919-02-15
Critic Upheld
In Actors Suit
Charging Libel
Decision i'll Favor of Tribune
Against Stein Regarded
as ali Important Victory
Caustic Review Called Fair
Sarcasm and Ridicule De-
clared Permissible if Fair,
Though Causing Injury

The right of the press to criticise
,dvsrsely with freedom and severity
.ho acts of those who come before the
oublic professionally or officially was
strongly upheld yesterday in the Su-
nreme Court, when the jury before
rustice Dugro rendered q ciean-cut YER
i;ct for The Tribune in q libel suit
for $4,000 brought by Godfrey c.
Stein. an actor
The article on which the suit was
hased, published on March 81, 1917,
was written by Haywood Broun, dra-
matte critic of The Tribune, and con-
ssted of adverse comments on the play
@The Awakening of Spring and strong
10 adverse criticism, with ridicule and
sarcasm. of the plaintiffs portrayal OF
ons of the characters. The evidence
sioner of Licenses George II. Bell had
officially condemned the play as inde-
cont immoral and unfit for presenta-
tom to the community, in which action
no was subsequently upheld by the
Snnreme Court. but that one produc-
,on was given by the plaintiff and his
0,o-yorkers,' under the auspices of
"The Medical Review of Reviews" and
With the aid Of u temporary injunc-
.ion. at the Thirty-ninth Street Thea
ire on March 80, 1917. Mr.. Broun at
tended this production, and said in The
Tribune Of the plaintiffs acting on
that occasion: at was easily the worst
performance we have ever seen on any
stage
Broun's Criticism
"Geofrey Stein gave ludicrously
Inadequate performance in the impor-
tant role cf Melchior. Supposedly a
self in a low comedy pair of short
and talked in a deep bass voice. His
performance gave the suggestion that
Simon Legree was attending a mas
ouerade in the character of Little Boy
Blue. At such times as he was not
growing in deep gutterals Stein was
hopping about the stage somewhat
after the manner of Mike Debitsky in
the Ballet Loose
The plaintiff contended that this
comment. by reason of its severity and
The sharp use Of sarcasm and ridicule,
made the plaintiff appear ridiculous
and injured him in his profession, and
that it did not represent the genuine
opinion Of the critic, but was pub
lished with actual malicious intent to
do harm.
The Tribune contended, on the other
hand, that the article was legitimate
criticism upon Mr.. STEMS public per-
iormance, without any attack upon his
private character or professional in
tegritv, and. therefore, that The Trib-
me could not be mulcted in damages
no matter how severe or sarcastic the
criticism was or however much it ridi-
culed the plaintiffs acting.
Jury Upholds The Tribune
The plaintiff gave testimony on his
own behalf and had two other witnesses
in his support. The only witness for
the defendant was Mr. Broun, who tes-
tilted generally that his genuine opin-
ion was that STEMS performance was
ludicrously Inadequate, IT and that 1t was
the worst performance he had even
seen. The verdict of the jury deter
mined all OF these questions of fact in
favor Of The Tribune. Mr.. Broun's tes-
;imony also proved that there was nc
actual malice on the part of The
Tribune.
Justice Dugro charged the jury tc
tie effect that the plaintiffs acting was
aproper subject of criticism; that The
Tribune had right 20 publish fair and
candid criticism, even if Mr.. Stein was
injured thereby; that where an article
is confined to criticism without attacks
upon moral character Or professional
integrity damages should not be award
ed, though the article be severe, hos
ule' rough, caustic, bitter. sarcastic OF
satirical that tse plaintiffs acting
mignt be freely criticised and entire
freedom Of expression used In argu-
iment. sarcasm and ridcule, if fair anc
aonest; that in determining the case
jurors we're not to substitute theil
e@n opinion of the plaintiffs acting
ior the opinion Of MIR. Broun, and that
iae question for the jury was not
whether Mr.. Broun's opinion was cor
rect or in accordance with the pre-
Yallng opinion, but merely whether the
article was beyond tcat which any fail