WASHINGTON -- The Supreme Court cleared the way Monday for trial of a suit brought by Philadelphia Judge Joseph Braig against WKBS-TV for comments made by an assistant district attorney on a talk show.
The justices turned aside arguments by the Field Communications Corp., owner of WKBS-TV, that a broadcaster may not be held accountable for transmitting the comments of one public official about another.
Braig said he was libeled in comments made on a 1979 show by Assistant District Attorney Lloyd George Parry. The comments concerned the case of two police officers accused of killing of 19-year-old Cornell Warren.
After being stopped for a traffic violation, Warren was handcuffed with hands behind his back. He ran from the officers, who pursued him and fired a shot. Witnesses later testified Officer Thomas Bowe caught Warren, struck him and shot him.
Amid other allegation of the use of excessive force by Philadelphia police, criminal charges were brought against Bowe and Officer Daryl Bronzeill for Warren's death.
Bowe was acquitted by a jury.
Bronzeill was prosecuted separately for recklessly endangering Warren's life. In March 1979, Braig declared a mistrial based on intentional misconduct of the prosecuting attorney.
Philadelphia's Channel 48 taped Parry and Benjamin Johnson, the lawyer representing Warren's family, and the moderator discussing Bowe's case. At the time, Parry also head the Police Misconduct Unit of the District Attorney's office.
Referring to the Bronzeill mistrial, Parry said: 'Judge Braig is no friend of the Police Brutality Unit. I don't care who we sent in to try the case. In my opinion, that case is going to get blown out.'
Johnson added, 'This is the second time, no matter which judge they have, they accused the judge of blowing the case out.'
Parry then said the judge in the Bowe trial did not 'blow the case out.'
After the 30-minute 'On Target' program was broadcast on Sept. 23, Braig telephoned Kenneth MacDonald, the station's general manager, to complain that his integrity was attacked by the remarks on the program.
He said the words 'blow out' mean 'illegal, unethical and corrupt.'
McDonald offered to review the videotape before it was rebroadcast, and to send a duplicate to Braig's chambers.
McDonald later called Braig to say he had reviewed the tape and found nothing objectionable. The show was aired a second time on Sept. 29.
Braig then sued, claiming he was defamed by the remarks.
A state court ruled without trial in favor of the TV station, but the ruling was overturned by the Superior Court of Pennsylvania.
The court, splitting 2-1, ruled Parry's remarks were not expressions of opinion protected by the Constitution. The court found Braig, who was elected to the bench in 1976, was entitled to a trial. As a public official he must show there was actual malice in the making and broadcasting of the remarks to recover damages for libel.
The TV station appealed to the Supreme Court, arguing that 'accurate and impartial transmission on the commentsof one public official about another' should be shielded from suit by the Constitution.
