Maidman v. Jewish Publications, Inc

In Maidman v. Jewish Publications, Inc. (1960) 54 Cal.2d 643, the court held that an editorial published in a newspaper principally directed to the Jewish community in Los Angeles, and containing defamatory statements about a prominent member of that community in relation to the Jewish observances, was conditionally privileged within section 47, subdivision 3. (See fn. 4.) The court observed: "Although the editorial is libelous per se, the defendants properly contend that the complaint itself reveals the existence of the defense of 'fair comment.' 'It is not only the privilege but the duty of every citizen and every newspaper in the community to fairly and impartially criticize the faults and misconduct of public officers, . . .' Statements of opinion, although of a defamatory nature, are privileged in California under section 47, subdivision 3, of the Civil Code. Maidman held a position of importance in the Southern California Jewish community. It was therefore of legitimate interest to members of that community, who would be the most likely readers of the defendant newspaper, to know whether Maidman was qualified for his position. " ( Id., at pp. 651-652.)