OPERATION CLAMBAKE: SCIENTOLOGY COURT FILES

Part of a public library containing court papers related to lawsuits involving Scientology in some way. Collected to help lawyers and critics of Scientology in future lawsuits from or against this cult. Please report back if this has been of help, or send new contributions to the collection. Thanks. Andreas Heldal-Lund (heldal@online.no)




            The MISSOURI CHURCH OF SCIENTOLOGY, Plaintiff-Appellant,
                                       v.
                 James E. ADAMS et al., Defendants-Respondents.
                                   No. 59377.
                       Supreme Court of Missouri, En Banc.
                                 Dec. 13, 1976.
  A complaint for libel per se was dismissed by the Circuit Court, City of St.
 Louis, William E. Buder, J., and the plaintiff, a not-for-profit religious
 corporation, appealed.  The Supreme Court, Finch, J., held that merely alleging
 six innuendos stating plaintiff's interpretation of the meaning of articles
 attached as exhibits were not sufficient to state a cause of action for libel
 per se, and the petition could have been dismissed on such basis.  Further,
 articles written and published by defendant publisher and writers concerning
 the not-for-profit religious corporation did not constitute malicious
 defamation and were not, as to such organization, libelous per se.
  Affirmed.

 [1] LIBEL AND SLANDER
 Published words in written communication which are defamatory within meaning of
 statute without aid of extrinsic facts, referred to as libelous per se, are
 actionable.  V.A.M.R. Civil Rule 83.03;  Section 559.410 RSMo 1969, V.A.M.S.

 [2] LIBEL AND SLANDER
 Whether allegedly libelous words or statements are libelous per se is question
 of law which court may decide on motion to dismiss.  Section 559.410 RSMo 1969,
 V.A.M.S.

 [3] LIBEL AND SLANDER
 Petition seeking recovery for libel per se should recite in petition the
 specific words or statements alleged to be libelous;  plaintiff knows words
 claimed to be libelous and for which recovery is sought, and should be and is
 required to specify them with particularity.  Section 559.410 RSMo 1969,
 V.A.M.S.

 [4] LIBEL AND SLANDER
 As to whether words alleged to be libelous per se are in fact defamatory, they
 must be read in connection with whole publication rather than in isolation, and
 it is permissible under rule to attach whole publication to complaint as
 exhibit, but it is not required, and attaching and incorporating entire series
 of articles is not substitute for specifically setting forth in petition
 particular words alleged to be libelous per se.  Section 559.410 RSMo 1969,
 V.A.M.S.;  V.A.M.R. Civil Rule 55.12.

 [4] LIBEL AND SLANDER
 As to whether words alleged to be libelous per se are in fact defamatory, they
 must be read in connection with whole publication rather than in isolation, and
 it is permissible under rule to attach whole publication to complaint as
 exhibit, but it is not required, and attaching and incorporating entire series
 of articles is not substitute for specifically setting forth in petition
 particular words alleged to be libelous per se.  Section 559.410 RSMo 1969,
 V.A.M.S.;  V.A.M.R. Civil Rule 55.12.

 [4] PLEADING
 As to whether words alleged to be libelous per se are in fact defamatory, they
 must be read in connection with whole publication rather than in isolation, and
 it is permissible under rule to attach whole publication to complaint as
 exhibit, but it is not required, and attaching and incorporating entire series
 of articles is not substitute for specifically setting forth in petition
 particular words alleged to be libelous per se.  Section 559.410 RSMo 1969,
 V.A.M.S.;  V.A.M.R. Civil Rule 55.12.

 [4] PLEADING
 As to whether words alleged to be libelous per se are in fact defamatory, they
 must be read in connection with whole publication rather than in isolation, and
 it is permissible under rule to attach whole publication to complaint as
 exhibit, but it is not required, and attaching and incorporating entire series
 of articles is not substitute for specifically setting forth in petition
 particular words alleged to be libelous per se.  Section 559.410 RSMo 1969,
 V.A.M.S.;  V.A.M.R. Civil Rule 55.12.

 [5] LIBEL AND SLANDER
 Merely alleging six innuendos stating plaintiff's interpretation of meaning of
 articles attached as exhibits was not sufficient to state cause of action for
 libel per se, and petition could have been dismissed on such basis.  Section
 559.410 RSMo 1969, V.A.M.S.;  V.A.M.R. Civil Rule 55.12.

 [5] PLEADING
 Merely alleging six innuendos stating plaintiff's interpretation of meaning of
 articles attached as exhibits was not sufficient to state cause of action for
 libel per se, and petition could have been dismissed on such basis.  Section
 559.410 RSMo 1969, V.A.M.S.;  V.A.M.R. Civil Rule 55.12.

 [6] LIBEL AND SLANDER
 Where trial court could have dismissed complaint in action for libel per se on
 ground of insufficiency but rather held that articles could not be read to
 constitute malicious defamation, Supreme Court decided on appeal to determine
 ultimate issue whether articles were libelous per se, rather than on basis of
 insufficiency of petition, where it would have been unwise and wasteful to
 remand for further pleadings and proceedings, but court warned that courts are
 not required to search publications seeking words to fit plaintiff's claim that
 article or book is libelous per se and that petitions not specifically alleging
 statements claimed to be libelous are subject to dismissal.  Section 559.410
 RSMo 1969, V.A.M.S.;  V.A.M.R. Civil Rule 55.12.

 [7] LIBEL AND SLANDER
 Articles written and published by defendant publisher and writers concerning
 not-for-profit religious corporation did not constitute malicious defamation
 and were not, as to such organization, libelous per se.  V.A.M.R. Civil Rules
 83.03;  Section 559.410 RSMo 1969, V.A.M.S.
  *777 Thomas J. Frawley, St. Louis, for appellant.
  Michael P. Casey, St. Louis, for respondents.

  FINCH, Judge.
  Plaintiff, a Missouri not-for-profit religious corporation, sued two writers
 for and the publisher of the St. Louis Post-Dispatch for libel on the basis of
 a series of five articles which were published March 3 through 7, 1974.  The
 petition sought $500,000 actual plus $2,000,000 punitive damages.  Defendants
 filed a motion to dismiss for failure to state a claim upon which relief could
 be granted.  That motion was sustained and plaintiff appealed to the Missouri
 Court of Appeals, St. Louis District, which affirmed.  We then sustained
 plaintiff's application under Rule 83.03[FN1] to transfer and we now decide the
 case as though here on direct appeal.  We affirm.

      FN1.  All references to rules are to V.A.M.R.

  [1][2] Plaintiff seeks recovery on the basis of libel per se, not libel
 per quod.  In such a case, '(p)ublished words in a written communication which
 are defamatory within the meaning of Section 559.410, RSMo 1959, V.A.M.S.,
 without the aid of extrinsic facts, referred to as libelous per se, are
 actionable.  Langworthy v. Pulitzer Publishing Company, Mo., 368 S.W.2d 385;
 Chambers v. National Battery Co., D.C., 34 F.Supp. 834; 53 C.J.S. Libel and
 Slander ss 8 and 162.'  Brown v. Kitterman, 443 S.W.2d 146, 149 (Mo.1969).
 Whether the allegedly libelous words or statements are libelous per se is a
 question of law which the court may decide on a motion to dismiss.  Brown v.
 Kitterman, supra, at 150.
  [3][4] A petition seeking recovery for libel per se should recite in the
 petition the specific words or statements alleged to be libelous.  Lorenz v.
 Towntalk Pub. co., 261 S.W.2d 952 (Mo.1953).  That was not done in this
 case.  Instead, plaintiff attached the complete text of the five lengthy
 articles as exhibits which were incorporated by reference.  The reason for the
 rule we state is obvious.  To do otherwise requires a court to search lengthy
 articles or books to discover whether they contain words which are libelous per
 se.  Plaintiff knows the words claimed to be libelous and for which recovery is
 sought and should be and is required to specify them with particularity.[FN2]

      FN2.  We recognize the rule that in deciding whether words alleged to be
     libelous per se are in fact defamatory, they must be read in connection
     with the whole publication rather than in isolation.  Thomson v. Kansas
     City Star Co., 387 S.W.2d 493 (Mo.1965); Diener v. Star-Chronicle Pub.
     Co., 232 Mo. 416, 135 S.W. 6 (banc 1911).  Consequently, it would be
     permissible under Rule 55.12 to attach the whole publication as an exhibit,
     although this court has held that this is not required.  Coots v. Payton,
     365 Mo. 180, 280 S.W.2d 47 (Mo. banc 1955).  However, as we have held
     herein, attaching and incorporating the entire series of articles, as here,
     is not a substitute for specifically setting forth in the petition the
     particular words alleged to be libelous per se.

  [5] Instead of reciting the specific words claimed to be libelous per se,
 plaintiff merely alleged six innuendoes stating its interpretation of the
 meaning of the articles attached as exhibits.  That is not sufficient to state
 a cause of action for libel per se and the trial court could have dismissed the
 petition on that basis.  However, it did not do so.  Instead, it held that the
 five articles could not be read to constitute a malicious defamation under
 Missouri's law and, hence, did not state a cause of action.
  [6] Under these circumstances, we have concluded to decide this appeal on the
 ultimate issue of whether the five articles were libelous per se under s
 559.410, RSMo 1969, rather than on the basis of the insufficiency of the
 petition because if we ruled the case on the latter basis we would be inclined
 to remand the case to give plaintiff an opportunity to file an amended petition
 wherein it could specifically set out the statements *778 claimed to be
 libelous per se.[FN3]  Since we have concluded that the articles are not
 libelous as a matter of law, it would be unwise and wasteful to remand for
 further pleadings and proceedings.

      FN3.  Plaintiff did not seek such opportunity in the trial court but that
     is understandable because defendant did not seek dismissal on that basis
     and the trial court did not base its order of dismissal on that ground.

  Even so, we follow this course somewhat reluctantly because by reviewing the
 entire five articles, unaided by allegations of the specific statements therein
 claimed to be libelous per se, we risk encouraging other plaintiffs to file
 similar petitions.  We seek to avoid that result by the caveat that courts are
 not required to search through publications seeking words which might fit a
 plaintiff's claim that an article or a book is libelous per se and that
 petitions which do not specifically allege those statements claimed to be
 libelous are subject to dismissal for failure to state a claim on which relief
 may be granted.
  [7] We have examined carefully the five articles written and published by
 defendants.  Some portions relate to plaintiff corporation but substantial
 portions are devoted to the international organization of Scientology and its
 founder, L. Ron Hubbard, rather than to plaintiff corporation.  The articles
 detail complaints and criticisms by ex-members but point out that for every
 dissenter there are numerous devotees who are enthusiastic.  Frequent
 statements and explanations by Scientology leaders are contained in the
 articles.  In our judgment, the articles do not constitute a malicious
 defamation of plaintiff corporation and as to it are not libelous per se.
 Accordingly, we affirm the action of the trial court in dismissing plaintiff's
 petition for failure to state a cause of action on which relief can be granted.
  In view of the foregoing disposition of this appeal, we need not and do not
 reach other questions raised and briefed in the court of appeals and in this
 court as to whether plaintiff is a public or private figure under New York
 Times v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964),
 Rosenbloom v. Metromedia, Inc., 403 U.S. 29, 91 S.Ct. 1811, 29 L.Ed.2d 296
 (1971), Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S.Ct. 2997, 41 L.Ed.2d
 789 (1974) and Time, Inc., v. Firestone, 424 U.S. 448, 96 S.Ct. 958, 47
 L.Ed.2d 258 (1976); whether plaintiff's petition sufficiently pled malice;[FN4]
 and whether a not-for-profit church can maintain an action for libel on the
 basis of statements as to its tenets and practices in the light of the First
 Amendment to the United States Constitution and such cases as Cantwell v.
 Connecticut, 310 U.S. 296, 60 S.Ct. 900, 84 L.Ed. 1213 (1940) and United
 States v. Ballard, 322 U.S. 78, 64 S.Ct. 882, 88 L.Ed. 1148 (1944).

      FN4.  Plaintiff asserts on appeal that its pleading of malice was
     sufficient under Walker v. Kansas City Star Co., 406 S.W.2d 44
     (Mo.1966), but defendant claimed that under the later cases of Brown v.
     Kitterman, 443 S.W.2d 146 (Mo.1969) and Woolbright v. Sun
     Communications, Inc., 480 S.W.2d 864 (Mo.1972), plaintiff's petition was
     insufficient in that it failed to allege facts from which it could be found
     that the articles were published with knowledge of their falsity or with
     reckless disregard of whether they were true or false.

  Judgment affirmed.
  All concur.

End of file...