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PROPOSED FINAL DRAFT 3, QUESTIONS SUGGESTED FOR DISC. [i] (May 6-8, 1937)

handle is hein.ali/relwtrts0262 and id is 1 raw text is: The American Law Institute
RESTATEMENT OF TORTS
Proposed Final Draft No. 3
Questions Suggested for Discussion at
the Fifteenth Annual Meeting
May 6-8, 1937
Discussion is not confined to the questions pre-
sented here. You are earnestly requested to raise any
further points which occur to you.
1. §1020. As submitted to the Meetig of the Insti-
tute in 1935, Comment g', page 110, T. D. No. 12, made a
broadcasting company a publisher of defamatory mat-
ter broadcast by any person who used its facilities and
thereby imposed upon the company the same liability
which has traditionally been imposed upon the publish-
ers of newspapers. Like such publishers, the broad-
casting company was made answerable for any defama-
tory matter interpolated by a broadcaster, even though
the company had taken every precaution to prevent the
interpolation of defamatory matter and to discontinue
the broadcast on notice of such interpolation. The In-
stitute at its 1935 Meeting, by a vote of 17 to 14, or-
dered that this matter be dealt with in a Caveat, thus
leaving open the question whether the liability of the
broadcasting station should be that of a publisher of a
newspaper, or, on the other hand, that of one who, like
the proprietor of a circulating library, disseminates
libelous matter published by a third person, in which
case the broadcasting company could escape liability

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