Sipple
Sipple v. Des Moines Register & Tribune Co.
Opinion
Opinion
Jenkins, J.
Orders to quash service of process against out-of-state newspapers, who claim a special preference under the First Amendment, are appealed. Analogizing to Gertrude Stein (a rose is a rose is a rose), and agreeing with Chief Justice Burger, concurring in First National Bank of Boston v. Bellotti (1978) 435 U.S. 765, 796-802 [ 55 L.Ed.2d 707, 730-734 , 98 S.Ct. 1407, 1426-1429 ], that free speech is free speech, we conclude that no such special privilege for the press exists in California in the context here asserted. However, using usual rules applicable equally to all, we find insufficient contacts for in personam jurisdiction, and affirm the court below.
Facts
On September 22, 1975, an attempt was made on the life of then President Gerald R. Ford by Sarah Jane Moore, since apprehended, convicted, and now serving her sentence. That attempt was frustrated, at least in part, by Oliver Sipple (appellant), identified that date by national media as a disabled ex-Marine, who became somewhat of an instant “hero.”
Two days later, Herb Caen, a nationally known columnist, published in his column in the San Francisco Chronicle an account which implied that Sipple was a…