Guam Federation of Teachers, Local 1581, of the American Federation of Teachers, a Corporation v. Alfred C. Ysrael, Also Known as Al Ysrael

492 F.2d 438 GUAM FEDERATION OF TEACHERS, LOCAL 1581, OF the AMERICAN FEDERATION OF TEACHERS, a corporation, et al., Plaintiffs-Appellants, v. Alfred C. YSRAEL, also known as Al Ysrael, Defendant-Appellee. No. 73-1444. United States Court of Appeals, Ninth Circuit. Feb. 1, 1974. David M. Shapiro, Agana, Guam, for plaintiffs-appellants. Howard G. Trapp, of Trapp, Gayle & Co., Agana, Guam, for defendant-appellee. Before DUNIWAY, TRASK and WALLACE, Circuit Judges. OPINION DUNIWAY, Circuit Judge: 1 Plaintiffs, the Guam Federation of Teachers (Union), and seven of its officers sue Ysrael for libel. The case was tried before a jury. At the conclusion of the plaintiffs' case, Ysrael moved for a directed verdict, which was granted. Judgment was entered for Ysrael. Plaintiffs appeal and we reverse. 2 Ysrael was appointed a member of the Guam Territorial School Board by the Governor of Guam. The Union strenuously opposed the appointment and the matter developed into a public row. In the course of it, Ysrael caused various statements about the Union and its officers to be published in a Guam newspaper, the Pacific Daily News. 3 On this appeal the parties are in agreement that the Union…

*439 OPINION

Plaintiffs, the Guam Federation of Teachers (Union), and seven of its officers sue Ysrael for libel. The ease was tried before a jury. At the conclusion of the plaintiffs’ case, Ysrael moved for a directed verdict, which was granted. Judgment was entered for Ysrael. Plaintiffs appeal and we reverse.

Ysrael was appointed a member of the Guam Territorial School Board by the Governor of Guam. The Union strenuously opposed the appointment and the matter developed into a public row. In the course of it, Ysrael caused various statements about the Union and its officers ,to be published in a Guam newspaper, the Pacific Daily News.

On this appeal the parties are in agreement that the Union and its officers are “public officials,” or at least “public figures” within the rationale of New York Times Co. v. Sullivan, 1964, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 and its progeny, particularly Curtis Publishing Co. v. Butts, 1967, 388 U.S. 130 , 87 S.Ct. 1975 , 18 L.Ed.2d 1094 . It is not contended that the individual plaintiffs, though not specifically named in Ysrael’s press statements, are not identifiable members of the group to which Ysrael referred. Rosenblatt v.…

(concurring and dissenting):

I concur that the trial judge applied the wrong standard when he granted the motion for a directed verdict. I believe the majority opinion describes the proper standard to be applied. However, I would remand the case to allow the trial court to reconsider the motion in the first instance under the guidelines established by this opinion.