by Bhavesh Jinadra by CNB
Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: TUESDAY, January 12, 1993 TAG: 9301120054 SECTION: NATIONAL/INTERNATIONAL PAGE: A-4 EDITION: METRO SOURCE: Associated Press DATELINE: WASHINGTON LENGTH: Short
JUDGMENT UPHELD AGAINST MAGAZINE
The Supreme Court on Monday rejected free-press arguments in two closely watched cases, including one that might put Soldier of Fortune magazine out of business.The court, without comment, let stand a $4.3 million judgment against Soldier of Fortune. A federal jury said the magazine negligently contributed to Richard Braun's 1985 murder at his suburban Atlanta home.
The magazine's lawyers in November called the award "fatal," and told the justices it would result in "eliminating this magazine."
The high court never has ruled on the exact publisher-liability issue the case presented.
Soldier of Fortune was sued by Braun's two sons.
The magazine's June 1985 edition included a personal ad in which Michael Savage offered his services. The ad, in part, said, "GUN FOR HIRE: 37 year old mercenary desires jobs. Discrete and very private. Body guard, courier and other special skills. All jobs considered."
Bruce Gastwirth, Braun's partner, responded to Savage's ad in August 1985 and discussed with him plans for killing Braun.
On Aug. 26, 1985, Savage and two other men went to Braun's home. As Braun and his 16-year-old son, Michael, were leaving, Sean Doutre fatally shot Braun and wounded his son.
Savage and the others involved in the plot were caught, convicted and imprisoned.
In a second case, the court turned down the appeal of a former newspaper reporter facing 30 days in jail for refusing to divulge the identity of the source who provided him information which is secret under Florida law.