Marcus A. Arnheiter v. Random House, Inc., and Neil Sheehan

Neil Sheehan wrote a book, published by Random House, Inc., reporting events which occurred during appellant’s 99-day command of a Navy war ship, the Vance, on patrol duty during the Vietnam war. Captain Arnheiter was removed from his command by superior officers when they concluded from irregularities in his conduct that he was not fit for command. Arnheiter’s persistent efforts to bring about a reversal of this decision became the subject of much public notice and attention from jour nalists. The Navy eventually upheld the removal, and no Court of Inquiry was convened, despite appellant’s urging. Shee-han’s book concluded that the removal was proper.

The trial court granted summary judgment in favor of the author and publisher on the ground that the allegedly libelous material was protected under the rule of New York Times v. Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964). On appeal, Arnheiter argues: (1) that he is not a public official or public figure within the meaning of New York Times , (2) that summary judgment was improper because there was a genuine jury issue, i. e., whether the material was published with knowledge of its falsity, or with reckless…